USA: New Primary Beneficiary Test for Internships

Recently, the US Department of Labor (DOL) announced that it will adhere to a new test for determining whether interns qualify as employees under the Fair Labour Standards Act (FLSA). The FLSA requires for-profit employers to pay ‘employees’ for their work; however, whether interns or students qualify as ‘employees,’ and, thus, are entitled to compensation for services provided, has been the subject of considerable litigation….