Welcome to the Employment Law section of our webpage. Employment law issues are complex, often subject to state and local law (not ordinarily covered on CLIC pages) as well as federal law. This front page will reflect our most current information on employment law affecting educational institutions.
See Glatt et al v. Fox Searchlight Pictures, et al. (C.A. 2nd Cir.) July 2, 2015. Interns who were unpaid and who were asked to perform a number of tasks unrelated to an educational purpose sued over the lack of pay. The court declined to grant deference to the DOL Fact Sheet 71, noting as follows:
We decline DOL’s invitation to defer to the test laid out in the Intern Fact Sheet. As DOL makes clear in its brief, its six part test is essentially a distillation of the facts discussed in Portland Terminal. DOL Br. at 11, 12, 21.
Unlike an agency’s interpretation of ambiguous statutory terms or its own regulations, “an agency has no special competence or role in interpreting a judicial decision."
State of N.Y. v. Shalala, 119 F.3d 175, 180 (2d Cir. 1997).