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.
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New Jersey Court Finds Beauty School Students Not “Employees”
By Noel P. Tripp on
Posted in Coverage
A development in the ongoing litigation regarding the scope of the term “employee” for purposes of the Fair Labor Standards Act involves a rash of cases filed against beauty schools. In these cases, students who provide services to customers as part of their training allege they should be compensated for such work. A New Jersey…
New York Federal Court Holds Former Student Turned “Volunteer” Was Just That, Not Employee Under The FLSA
By Noel P. Tripp on
Posted in Coverage, Minimum Wage
This blog has explained that the Fair Labor Standards Act does not expressly authorize unpaid interns, and the viability of unpaid internships is generally assessed through the FLSA’s definition of an unpaid “trainee.” Application of this trainee test to various interns and volunteers is often murky and inconsistent. In a new decision deftly navigating this difficult…
California Appeals Court Rules Law School Graduate Who Was Not Yet Admitted To Bar Was Exempt “Learned Professional”
By Noel P. Tripp on
Posted in Exemptions
The FLSA’s learned professional exemption provides an exemption from overtime for employees who have academic credentials in a field of “science or learning customarily acquired prolonged academic instruction” and who utilize this formal educational training in the performance of their job duties. Typical examples include doctors, lawyers, and certified public accountants, and doctors and lawyers need…