Eleventh Circuit Applies Fox Searchlight's Primary Beneficiary Test to Student Nursing Interns and Remands | Practical Law
In Schumann v. Collier Anesthesia, P.A., the US Court of Appeals for the Eleventh Circuit held that determining whether a student intern performing work to obtain professional certification is an employee under the Fair Labor Standards Act (FLSA) depends on whether the employer or the intern primarily benefits from the working arrangement. The court applied the primary beneficiary test as recently articulated by the Second Circuit in Glatt v. Fox Searchlight Pictures, Inc.