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,