Studios have increasingly started paying interns for their work, which has resulted in the number of available internships decreasing. Go to A Department of Labor fact sheet helps to determine whether interns at for-profit businesses fall within this exception. Supreme Court , 11 Dec The Second Circuit has set out different tests to aid in determining whether an employment relationship exists under the FLSA. It was in the first week of August. Moreover, Gratts testified that she only worked at one film location during her internship, where she helped to build sets and then dismantle them, She recalled that they built cubicles and other rooms to create an office for a greeting card company and built an apartment upstairs. Go to Typicality “requires that the claims of the class representative[] be typical of those of the class, and ‘is satisfied when each class member’s claim arises from the same course of events, and each class member makes similar legal arguments to prove the defendant’s liability. It stands uncontradicted that he hired managerial employees.

But even if not binding, “such agency letters represent ‘a body of experience and informed judgment to which courts and litigants may properly resort for guidance. Go to This factor focuses on the “the power to hire and fire,” not whether that power was exercised. Click to upgrade Your Package to have this feature. That conclusion is bolstered by the finding that Searchlight also exercised significant functional control. Please subscribe to download the judgment. Defendants argue that FEG is not liable for its subsidiary’s acts except in extraordinary circumstances because of the “strong presumption that a parent is not the employer of its subsidiary’s employees.

Cases of Interest: Glatt v. Fox Searchlight — The Fashion Law

Go to Antalik claims she was part of a “centralized unpaid internship program” in casee unpaid interns at FEG’s subsidiaries were subject to a single set of policies administered by a small team of intern recruiters.

See Bien SJ Decl. Several dozen people are eligible for searchlignt under the settlement, which requires approval by U. His time sheets show that June 25, was the last date he worked on the film. Under this test, an employer could never know in advance whether it would be required to pay its interns. They argue internships varied considerably among various FEG subsidiaries and departments, and interns’ experiences were shaped by the particular supervisors they were matched with.

Defendants move for summary judgment finding that none fkx the production interns on any of these films were employed by Searchlight.

A party seeking certification must show “there are questions of law or fact common to the class. Antalik moves for authorization to send notice of this action to all individuals who had unpaid internships between September 28, and September 1, with one or more of the following divisions of FEG: She maintains that two employees oversaw FEG’s internship program during the relevant periods and their responsibilities included soliciting “intern request forms” from supervisors at subsidiaries interested in hiring interns, approving those requests, screening internship applicants, and processing interns’ paperwork.


When Footman went from five to three days a week, Black Swan hired another part-time intern. Glatt and Footman understood they would not be paid. As discussed above, Antalik submitted generalized proof on the issue of Defendants’ liability. Go to Grafts’s claims do not relate back to the filing of the original complaint.

For the following reasons, Plaintiffs’ summary judgment motion is granted in part and denied in part, Defendants’ summary judgment motion is granted in part and denied in part, and Antalik’s motions for class certification of her NYLL claims and conditional certification of an FLSA collective action are granted.

But “[t]he theory underlying this rule is that a. Showing top 26 of 26 judgment s. Searchlight closely supervised work on Black Swan. Steven Fox, head of the construction department for Days of Summerclaims that his involvement with the film did not end until the sets were dismantled. Footman and Glatt first sued Fox Searchlight in after claiming that the studio was breaking US law by requiring interns to perform tasks that had little or no educational value for no financial recompense.

Defendants contend that Gratts’s action was “commenced” on September 5, because “the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes.

It stands uncontradicted that he hired managerial employees. This factor focuses on the “the power to hire and fire,” not whether that power was exercised.

It is irrelevant that the Production Agreement did not prohibit Lake of Tears from working on other projects, this ignores economic reality in the film industry, where a film is produced by a single-purpose entity whose operations cease after the film is made. For the foregoing reasons, Defendants’ motion for summary judgment that Gratts’s CAUCL claim is time-barred is granted, and the remainder of its summary judgment motion is denied. The Court held that the FLSA “cannot be interpreted so as to make a person whose work serves only his own interest an employee of another person who gives him aid and instruction.

Supreme Court17 Feb This is a far cry from Wallingwhere trainees impeded the regular business of the employer, worked only in their own interest, and provided no advantage to the employer.


Summary judgment may be granted to the plaintiffs “even when isolated factors point against imposing joint liability. Go to As discussed above, Antalik submitted generalized proof on the issue of Defendants’ liability.

21st Century Fox settles seminal lawsuit over unpaid internships | Reuters

Formal Control Test 1. A completed request form zearchlight be evidence that a particular internship did not fall within the NYLL’s “trainee” exception, but that is individualized proof.

In federal jdge William Pauley sided with themagreeing that the work they had been tasked with should have been carried out by paid employees. We will refocus on a return to our proud history of offering dynamic, educational internships. Gratts’s motion for summary judgment is denied. Though Searchlight did not hire the line producers or department heads on Black Swanit often did on other films with similar Production Agreements.

In an FLSA class, common questions of liability predominate over individual calculations of damages. In Wallinga case involving a railroad that held a week-long glaatt course for prospective brakemen, the Supreme Court determined that “trainees” were not covered employees under the FLSA.

Glatt v. Fox Searchlight Pictures, No. 13-4478 (2d Cir. 2015)

Fox Searchlight Pictures, Inc. Hoffman provided training to intern supervisors at FEG.

Supreme Court18 Jun The Court may consider evidence of Searchlight’s control over the productions of films other than Black Swanbecause as Defendants conceded, Searchlight’s rights with respect to the films did not differ materially. The pre-motion letter attached a proposed searchlignt complaint, adding Gratts as a plaintiff. May 10, Tr.

Degree to Which Searchlight Supervised the Plaintiffs’ Work Supervision “weighs in favor of joint employment only if it demonstrates effective control of the terms and conditions of the plaintiffs employment. A party opposing summary judgment “is not entitled searchlught rely solely on the allegations of her pleading, but must show that there is admissible evidence sufficient dearchlight support a finding in her favor on the issue that is the basis for the motion.

While some Circuits have applied a “primary beneficiary” test, it has little support in Walling. Fox filed to appeal the ruling that the former interns were actually entry-level employees. There is “no doubt as to seagchlight Congressional intention to include all employees within the scope of the Act unless specifically excluded. Creative Customs Cabinets Inc.

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