While the compensability of time spent in internship programs continues to be an hotly contested litigation issue, the United States Supreme Court has declined an opportunity to provide clarity in this area, denying certiorari to a Florida medical billing intern whose claim was rejected last year by the Eleventh Circuit. Kaplan v. Code Blue
internship
Eleventh Circuit: “Externs” Who Received Academic Credit Are Not Employees Under FLSA
By Noel P. Tripp on
Posted in Coverage, Minimum Wage
As discussed in this space just last week, there is an ongoing war regarding compensation of interns under the FLSA. In a victory for employers, last week, the United States Court of Appeals for the Eleventh Circuit ruled that individuals completing externships relating to their enrollment in MedVance Institute’s Medical Billing and Coding Specialist program …
New York Judge Rejects Interns’ Novel Argument That Paying School Tuition Is An Indirect Wage Deduction
By Noel P. Tripp on
Posted in Minimum Wage, New York State
In the latest chapter in the ongoing intern battles currently being waged in the United States District Court for the Southern District of New York, Judge Harold Baer rejected plaintiffs’ novel assertion of unlawful wage deductions. Wang v. Hearst Corp., 2013 U.S. Dist. LEXIS 3768 (S.D.N.Y. Jan. 9, 2013). The Wang litigation concerns the applicability…
We Don’t Have To Pay Our Interns – Do We?
By Noel P. Tripp on
Posted in Department of Labor, Minimum Wage
For years, students and recent graduates have accepted internships with employers to gain work and practical experience. Many, if not most, employers have treated and continue to treat these internships as “unpaid.” What’s more, in many industries (including film and advertising) this practice is an institutional rite of passage – part of “dues paying”. Recent actions…