This case involved a class of unpaid interns who worked for Fox Searchlight Pictures and Fox Entertainment group, asserting violations of the federal Fair Labor Standards Act (FLSA) and state laws because they were classified as unpaid interns and not as paid employees. Plaintiffs moved for summary judgment alleging they should have been classified as employees entitled to pay. 

Questions:

1. What was the legal issue in this case? What did the Appeals court decide?

2. What had been the basis for the district court’s decision that Glatt and Footman were employees under the FLSA? Why did the appeals court reject that decision?

3. What criteria does the appeals court say should generally be used in deciding whether interns at for-profit firms are employees? 

4. Given what we know about the facts of this case, what should the district court decide on remand when it applies the appeals court’s criteria to the cases of Glatt and Footman? Why? 

5. Do you agree with the decision of the appeals court in this case? Did the decision succeed in striking the right balance between protecting workers from exploitation and promoting the availability of internships? Why or why not?