Video

  • 17 minutes

Origin of the Department of Labor's Six-Factor Test

 
The U.S. Department of Labor’s Six‐Factor Test was developed from factors first articulated in a U.S. Supreme Court case - Walling v. Portland Terminal Company, 330 U.S. 148 (1947) – in which the trainees for the railroad were not employees under the FLSA, and therefore were not entitled to the minimum wage. In this 17-minute video our speakers, Jeffrey M. Landes and Susan Gross Sholinsky, review additional important court cases in this area. Many courts have not ruled on whether interns as we think of them today are excepted from the definition of employee under the FLSA. A recently‐decided Second Circuit Court of Appeals case is instructive. Will the U.S. Supreme Court address this issue? Stay tuned…

Jeffrey M. Landes is a member of Epstein Becker & Green, P.C.’s Employment, Labor & Workforce Management practice, in the firm's New York office. He counsels clients in a variety of industries including financial services; retail and communications; in all facets of employment law, including compliance with EEO laws and other statutes governing the workplace, independent contractor issues, executive terminations, restrictive covenants, drug testing, background checks, employee discipline and terminations, reorganizations, workplace investigations, leaves of absence, and development of handbooks and personnel policies and procedures. He prepares employment, consulting and separation agreements as well as counsels multi-national companies in unique labor and employment law issues.

Susan Gross Sholinsky is a member of Epstein Becker & Greeen, P.C.’s Employment, Labor & Workforce Management practice, in the New York office. She counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims. Ms. Gross Sholinsky advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions. She develops and audits employers' policies and procedures to ensure compliance with applicable federal, state, and local law and best practices.
Runtime: 17 minutes