The U.S. Department of Labor announced in a January 5, 2018 press release that it was scrapping the six-factor test it had used for years to determine whether interns are employees for purposes of the Fair Labor Standards Act and adopting the “primary beneficiary” test favored by a number of U.S. Courts of Appeals.
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On December 5, 2013, the New Jersey State Senate introduced S-3064 to protect unpaid interns from employment discrimination by amending the Law Against Discrimination, the Conscientious Employee Protection Act and the Worker Freedom from Employer Intimidation Act. New Jersey’s employment discrimination laws are already among the most expansive in the country, so if this new