Few issues have caught the attention of employment lawyers like a recent quest by groups of unpaid interns to collect back wages. A federal appeals court has now waded in for the first time, laying out a test to determine when interns qualify as employees under wage laws, and handing another victory to Neal Katyal of Hogan Lovells.
Katyal represents Fox Searchlight Pictures Inc. and Fox Entertainment Group Inc., which were sued by unpaid interns who worked on the movie “Black Swan” and in Fox Entertainment’s front office. The interns claimed they should have been paid, and had convinced a district court to grant them summary judgment on the issue of whether they were employees and to certify a class that would include many of Fox’s interns in New York between 2005 and 2010.
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