Our colleague Michael Arnold recently posted an article titled, "Unpaid Intern v. Employee Classification Analysis Must Look at Who is Primary Beneficiary of Relationship, Second Circuit Holds". Arnold discusses the Second Circuit's announcement of an employer-friendly test to determine who benefits more from an internship - the individual or the employer. Arnold elaborates upon the Primary Beneficiary Test as used in the lawsuit in question, Glatt v. Fox Searchlight Pictures, Inc., and how the test persuaded the Court to reach its decision. He cautions, however, against employers claiming victory in the ruling.
For a full explanation, follow the link to Arnold's post above.