Last week, an Indiana federal court dismissed a lawsuit brought by former University of Pennsylvania (“Penn”) athletes against the National Collegiate Athletic Association (“NCAA”) and a number of its member schools over their alleged employment status and corresponding minimum wage protection under the FLSA. Berger, et al. v. NCAA, et al., S.D. Ind., No. 1:14-CV-01710,

The Court of Appeals for the Second Circuit recently revisited the Department of Labor’s four-part test for purposes of determining whether a person qualifies as a “public service volunteer.”  In a new decision applying the Second Circuit’s fact-intensive standard, Southern District of New York Judge Jesse M. Furman ruled in favor of the City of

Courts continue to wrestle with claims brought by individuals treated by businesses as  outside the scope of the FLSA’s minimum wage and overtime requirements.  Many of these claims are asserted by individuals classified as volunteers and of course interns, all claiming to be employees entitled to the protections of the FLSA.  In one such

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

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