DOL Rescinds Intern Test, Adopting Second Circuit’s “Primary Beneficiary” Test

In a prior post, we reported that two U.S. Courts of Appeals had rejected the Department of Labor’s test for analyzing whether an individual qualifies as an unpaid intern. On Friday, January 5, 2018, the DOL scrapped its own test, adopting the Second Circuit Court of Appeals’ “primary beneficiary” test instead. By way of background,

Federal Judge Strikes Down Obama Overtime Rule

A federal judge has struck down an Obama administration rule that would have extended overtime eligibility to more than 4 million white collar workers. As discussed in our prior post, the new rule would have dramatically narrowed the “executive, administrative, and professional” (“EAP”) exemption, increasing the salary threshold from $455 to $913 per week. On