by Kristy G. Offitt, Esq., Ogletree Deakins
In 2010, when the Department of Labor came out with a new, six-factor test to determine whether a worker is an intern or an employee, some thought the issue settled. But it’s not.
Now a federal appeals court has rejected the DOL reasoning and come up with a simpler “primary beneficiary” test.
Interns as free labor?
Schumann v. Collier Anesthesia, P.A., et al., (No. 14-13169, 11th Cir., 2015), was filed by 25 former student registered nurse anesthetists (SRNAs) enrolled in a master’s degree program at Wolford College in Florida to become certified registered nurse anesthetists (CRNAs).
Each SRNA participated in a clinical curriculum—a prerequisite to obtaining a master’s degree under state law—at Collier Anesthesia, P.A., a medical practice that provides anesthesia services.
The clinical curriculum required SRNAs to participate in a minimum of 550 clinical cases in a variety of surg...(register to read more)
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