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To pay or not to pay: DOL abandons six-part intern test in favor of primary beneficiary test


On January 5, 2018, the U.S. Department of Labor (DOL) issued revised guidance on the question of whether interns and students are "employees" under the Fair Labor Standards Act (FLSA) and, thus, must be paid at least minimum wage and overtime and receive other protections under the FLSA.

This article examines the legacy of the six-part test and examines the new guidance.