Addressing a hot topic in employment law, the U.S. Court of Appeals for the Eleventh Circuit has adopted a new approach for evaluating whether student trainees should be considered employees protected by federal minimum wage and overtime law.

The Sept. 11 decision revives a lawsuit brought by a group of student nurse anesthetists who claim that an anesthesiology practice in Florida exploited them through long hours for which they aren’t paid. The Eleventh Circuit panel did not say the students should prevail. Instead, the appellate judges directed a lower court judge to reconsider his ruling against the students under a new test borrowed from the Second Circuit.

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