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The Very First Day of Work. Ever.

Do you remember your first day at work? I’m not just talking about a new job. I mean your first day EVER at a workplace. For my oldest daughter, today is that day. She starts as an intern at a local manufacturer of “Highly Complex Machined Parts and Precision Cams for Aerospace, Medical and Commercial Applications” to help her focus on aerospace engineering. This internship program started a few years ago from our town’s high school and gives students a chance to see the workplace from the inside, all under the supervision of an internship program. When she came home earlier this week from an “interview” (which I think was more of a guided tour, truth be told), the excitement from her was palpable. “The machines are so….cool!” When asked to explain, she said, well, it was just “cool”.  She had a huge smile and couldn’t wait for today to come.   She loves engineering (we’re starting on college a...

Dreaming of Summer and Internship Tests

Summer feels really far away right now.  It’s just been brutally cold here in the Northeast. (How cold? Too cold for skiing.  That’s brutal by any stretch.) But summer WILL eventually come. So we’re told. So the news late Friday that the U.S. Department of Labor was scrapping the test it had released just a few years ago about interns probably went a bit unnoticed. At first blush, it might look like a big deal. But, in reality, not so much because the federal courts here (including New York as well) had already adopted the new test that the USDOL announced on Friday. I’ve covered both before, but the TL;DR version is this: The DOL is going to the “primary benefit” or “primary beneficiary” standard that had been outlined in 2015 by the Second Circuit. Law360 summarized it pretty well here: Under the [Second Circuit] test, courts have analyzed the “economic reality” of interns’ relationship with their employer to ...