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.

1. What issues did the court consider in this case? What did the court decide?

2. What “factors” does the Department of Labor use to decide whether an intern is an employee covered by the Fair Labor Standards Act? How did the court apply these factors in this case?

3. Do these factors – derived from an early Supreme Court decision that did not deal with interns per se – make sense in light of contemporary circumstances? Why or why not? Do they require employers to be entirely selfless and altruistic in establishing internships? Are there other factors that should be considered when drawing a line between interns who can be unpaid and employees who must be paid, including the primary beneficiary test dismissed by this court? What other factors? 

4. Have you ever had an unpaid internship? If so, did you get what you wanted from the experience or did you feel exploited? Why do you say that?