The new amendment to the New York Human Rights Law adding protections for unpaid interns does not address the status of those interns who claim they should be compensated employees. Those cases appear to be working through the courts on a separate path.
As an example, consider the case of a Pennsylvania man who claims he worked as an intern for Marvel Entertainment in New York for four months in 2008. In his lawsuit, he claims he and approximately 100 other interns who worked there over the course of several years were misclassified as interns when they should have been employees.
The suit claims he and all other similarly situated interns were entitled to at least minimum wage.