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DOL Issues Clarification on Applicability of FLSA to Unpaid Internships

On September 12, the Department of Labor issued a clarification regarding its statement that law students may work as unpaid interns on pro bono matters at private law firms. Unpaid internships have become a hot button issue; in June, a federal judge for the Southern District of New York held that a major motion picture studio violated federal and State minimum wage laws when it failed to pay two interns for work they completed on the film “Black Swan” in 2009 and 2010. In a letter penned to the American Bar Association Immediate Past President Laurel G. Bellows, Solicitor of Labor M. Patricia Smith explained that a law school student who performs work for his or her own educational benefit would not be considered an employee under the Fair Labor Standards Act (the “FLSA”) where the following criteria are met:

  1. The internship is similar to training that would have been given in an educational environment;
  2. The internship experience is for the benefit of the intern;
  3. The intern does not displace regular employees, but works under the supervision of existing staff;
  4. The employer that provides the training derives no immediate advantage from the activities of the intern;
  5. The intern is not necessarily entitled to a job at the conclusion of the internship; and
  6. The employer and the intern understand that the intern is not entitled to waves for the time spent in the internship.

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Categories: Labor and Employment
Tags: Brett J. SchneiderNational Labor Relations BoardFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment LawyersFair Labor Standards Act
Author(s): Brett J.Schneider & Brooke P. Dolara

Founding Member Richard Jay Weiss to Speak at Good Government Initiative

On March 22, Founding Member Richard Jay Weiss will be speaking at the Good Government Initiative as part of a four member panel discussing “The Tension over Pensions: Good Public Policy or Obsolete Extravagance?” The Good Government Initiative is a program that provides early-career elected and appointed officials with leadership training and community conversations with the public to consider issues important to governance in the community. The Good Government Initiative was founded by former Miami-Dade Commissioner Katy Sorenson, who will serve as the moderator for the upcoming panel.

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Categories: Labor and EmploymentLitigationGovernment AffairsLocal GovernmentContracts
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingSunshine LawGovernmental LitigationMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaRichard Jay WeissDavid M. WolpinUnemployment CompensationEmployee MisconductNational Labor Relations BoardFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Employment AttorneysFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Brooke P. Dolara