Tag Archives: primary beneficiary

Corrections Officers’ Pleading Did Not Establish That County Was “Primary Beneficiary” Of Unpaid Meal Period

Time spent by employees in meal and other breaks continues to prompt litigation against public and private sector employers. In a recent decision, the Court of Appeals for the Third Circuit ruled that corrections officers at a Pennsylvania prison failed to allege a violation of the FLSA by challenging the County’s failure to compensate them … Continue Reading

California Federal Court: Cosmetology and Hair Design Students Not “Employees” Entitled to Minimum Wage

Joining decisions from other parts of the country, a California federal judge has held that former cosmetology and “hair design” students were not “employees” under the Fair Labor Standards Act or the wage-and-hour laws of California and Nevada entitled to minimum wage. Benjamin v. B & H Education, Inc., et al., 2015 U.S. Dist. LEXIS … Continue Reading

Eleventh Circuit Adopts Second Circuit’s “Primary Beneficiary” Test to Determine Compensability of Internships

The Court of Appeals for the Eleventh Circuit last week adopted the Second Circuit’s “primary beneficiary” test as the appropriate test for determining whether an unpaid clinical intern was truly an “employee” within the meaning of the FLSA. Schumann v. Collier Anesthesia, P.A., 2015 U.S. App. LEXIS 16194 (11th Cir. 2015). In rejecting the test … Continue Reading
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