DOL Adopts Primary Beneficiary Test to Assess Whether Interns are Employees
The U.S. Department of Labor (“DOL”) abandoned its former test for assessing whether interns qualify as “employees” under the Fair Labor Standards Act (“FLSA”). Aligning itself with several appellate courts, including the Ninth and Second Circuits, the DOL now embraces a seven-factor “primary beneficiary” test to distinguish employees from bona fide interns. The test enables […]
|
1 min read
|
Tagged: Employees, Intern, Ninth Circuit, Overtime, Primary Beneficiary Test, Second Circuit
Benjamin A. Nucci
Partner