The Black Swan case, the FLSA and you

June 18, 2013
By: Charles Lamberton

Check out our recent interview with the Pittsburgh Business Times on the “Black Swan” unpaid intern case.  Now is the time for employers to review their internship programs and check, re-check and then check again that they are not misclassifying employees as unpaid interns.  The internship exception to the FLSA is very narrow and applies only when specific conditions are met.  Employers who believe that on-the-job work experience is enough to trigger the exception are wrong.  As the Court wrote in Black Swan, “While classroom training is not a prerequisite, internships must provide something beyond on-the-job training that employees receive. ”