The Fate of Hollywood Internship Programs May Rest With the Second Circuit

Former interns used to get revenge against their employers by writing tell-all blog posts and memoirs. Now, they're lending their names to plaintiffs' lawyers, who then file wage-and-hour class or collective actions alleging that interns must be paid like hourly employees.

The unpaid internship is among the hottest areas in wage-and-hour litigation. Two of the more noteworthy cases—that so far have come out in opposite ways—are currently pending in the Southern District of New York: Glatt v. Fox Searchlight Pictures and Wang v. Hearst Corporation (pdf).

In Fox Searchlight, former interns from the film Black Swan alleged that they had been misclassified and should have been paid as "employees." Judge William Pauley held that the interns were employees and, therefore, Fox Searchlight was liable for violating minimum wage and overtime laws. The court also granted the interns' motion for class certification.