It’s summertime, and college interns are filling corporate America’s cubicles. How many of those fresh-faced kids are wage-and-hour lawsuits just waiting to happen?
THE LAW: The Fair Labor Standards Act () does not specifically address whether interns must be paid. However, where the law is silent, the Supreme Court has spoken. In Walling v. Portland Terminal Co. (330 U.S. 148, 1947), the High Court ruled that individuals who work without any express or implied compensation agreement on an employer’s premises are not employees, even if they benefit by receiving training or experience. Needless to say, that case still left many questions unanswered.
WHAT’S NEW: Unpaid interns working on the movie “Black Swan” sued the producers, claiming they were, in reality, employees and entitled to compensation. The court ruled in the interns’ favor in Glatt, et al., v. Fox Searchlight Pictures (SD NY, No. 11-Civ.-6784, 2013).
It ...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- What can we ask about how applicant would get to work?
- 4th Circuit: You don't have to hire applicant who sued former employer for FLSA violations
- Hiring minors? Know the off-limits tasks
- Hidden liability: Understand the risks of negligent hiring