United States Second Circuit

In a class action brought by unpaid interns hired by defendant, claiming compensation as employees under the Fair Labor Standards Act and New York Labor Law, the district court's orders granting plaintiff's motion for partial summary judgment and conditional certification of plaintiff's nationwide collective are vacated and remanded for further proceedings where: 1) when determining when an unpaid intern is entitled to compensation as an employee under the FLSA, the proper question is whether the intern or the employer is the primary beneficiary of the relationship; and 2) the district court erred by concluding that plaintiff demonstrated predominance of the class because it misconstrued the Circuit standards for determining when common questions predominate over individual ones.

Appellate Information

• Decided 07/02/2015
• Published 07/02/2015

Judges

• Walker

Court

• United States Second Circuit

Counsel