New Primary Beneficiary Test for Unpaid Intern Status: Second Circuit | Practical Law
In Glatt, et. al. v. Fox Searchlight Pictures, Inc., the US Court of Appeals for the Second Circuit established a primary beneficiary test to determine if an unpaid intern is an employee for purposes of the Fair Labor Standards Act (FLSA), and rejected the US Department of Labor's (DOL) six-factor test in favor of its own set of considerations.