Three federal appellate judges grappled Friday over adopting a fresh test to determine whether unpaid interns must be paid as employees under the Fair Labor Standards Act (FSLA).
At oral arguments before the U.S. Court of Appeals for the Second Circuit, Judges Dennis Jacobs (See Profile), Richard Wesley (See Profile) and John Walker (See Profile) appeared dissatisfied with the Department of Labor’s test for determining an “employee” under the FLSA, as grafted from a 67-year-old Supreme Court opinion.
