White Paper

3 Pages
  • 3 Pages

U.S. DOL Follows Circuit Courts, Adopting “Primary Beneficiary” Test


To Determine Whether Unpaid Interns Are Employees

In a move allowing increased flexibility for employers and greater opportunity for unpaid interns to gain valuable industry experience, the United States Department of Labor issued Field Assistance Bulletin No. 2018-2, adopting the “primary beneficiary” test used by several federal appellate courts to determine whether unpaid interns at for-profit employers are employees for purposes of the Fair Labor Standards Act. If interns are, indeed, deemed employees, they must be paid minimum wage and overtime, and cannot serve as interns without pay. This white paper reviews what the primary beneficiary test examines and discusses what employers should be doing now.



Nancy Gunzenhauser Popper

Nancy Gunzenhauser Popper

Epstein Becker & Green, P.C.

  • Member of the Firm at Epstein Becker & Green
  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace
  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
  • Prepares employment, consulting, and separation agreement
  • Audits employers’ employment policies, procedures, and handbooks to ensure compliance with applicable laws and best practices
  • Conducts workplace training seminars for employees, managers, and human resources personnel
  • Assists in defending clients in labor and employment-related litigation in a broad array of matters, such as discrimination, harassment, retaliation, breach of contract, and wage and hour disputes
  • B.A., Vanderbilt University; J.D., Brooklyn Law School
  • Can be contacted at [email protected] or 212-315-3758
Ann Knuckles Mahoney

Ann Knuckles Mahoney

Epstein Becker & Green, P.C.

  • Attorney in the Employment, Labor & Workforce Management practice in the Nashville office of Epstein Becker & Green, P.C.
  • Counsels employers on how to comply with employment-related laws at the federal, state, and local level
  • Advises employers on all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions
  • Counsels employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment (including voluntary and involuntary reductions in force)
  • Prepares employment, consulting, and separation agreements; employment applications and background check forms; employee handbooks; and stand-alone policies
  • Previously worked as a judicial intern for the Honorable Margo K. Brodie in the U.S. District Court for the Eastern District of New York
  • J.D. degree, Brooklyn Law School; B.S. degree, University of Pennsylvania, Wharton School
  • Can be contacted at 615-561-6041 or [email protected]

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