Wang v. The Hearst Corporation, No. 16-3302 (2d Cir. 2017)Annotate this Case
Unpaid interns in this case were not "employees" of Hearst for the purpose of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The Second Circuit applied the "primary beneficiary" test in Glatt v. Fox Searchlight Pictures, Inc. and considered the seven non-exhaustive considerations specific to the context of unpaid internships. The court held that the facts of this case permit inferences that support Hearst with respect to certain Glatt factors, and inferences that support particular interns with respect to other factors. Such mixed inferences did not foreclose a ruling on summary judgment. The court agreed with the district court, which weighed all factors under the totality of the circumstances, and concluded that the interns were not "employees" for the purposes of the FLSA. Accordingly, the court affirmed the district court's grant of summary judgment for Hearst.