Is Your Intern Really an Intern or an Employee – DOL Adopts the “Primary Beneficiary Test”
As the winter months bear down on us, many of us find our thoughts wistfully drifting to sun, sand, and all things summer. Summer months, however, also bring (for most employers) summer interns and one of the more befuddling employment issues: do I have to pay my summer intern? Stated another way: is my intern, in actuality, an “employee” under the Fair Labor Standards Act (“FLSA”) and therefore entitled to wages?
This confusion concerning the…