Do You Have to Pay Interns as Employees? New Guidance from the Eleventh Circuit

The Eleventh Circuit recently evaluated whether interns are entitled to overtime under the Fair Labor Standards Act (“FLSA”). The plaintiffs in Schumann v. Collier Anesthesia, P.A., ___ F.3d ___, 2015 WL 5297260 (2015), were former student registered nurse anesthetists who brought a collective action against their college and the supervisor of a universal clinical-placement requirement necessary to obtain their degree, alleging they should have been paid minimum and overtime wages under the FLSA while working as interns. The District Court for the Middle District of Florida, applying the test provided in the Department of Labor’s Field Operation Handbook, determined that the students were

Second Circuit Breathes New Life into EEOC’s Lawsuit Against Sterling Jewelry

In a decision issued today, the U.S. Court of Appeals for the Second Circuit held that the EEOC’s sex discrimination case against Sterling Jewelers, Inc. – the largest fine jewelry company in the United States that operates chains including Kay Jewelers and Jared – the Galleria of Jewelry –may go forward. The EEOC sued Sterling Jewelers alleging it engaged in nationwide sex-based pay and promotion discrimination in violation of Title VII. After discovery, Sterling Jewelers moved for summary judgment, arguing that the EEOC did not satisfy its obligation under Title VII to conduct a pre-suit investigation. The United States District Court for the Western District of New York agreed, holding

Georgia Court of Appeals Reaffirms Malice Required to Defeat Official Immunity under Georgia Law

In a recent case, Vidal v. Leavell, 2015 WL 4232361 (Ga. App. 2015), the Georgia Court of Appeals made it more difficult for plaintiffs to strip public officers of qualified immunity. Under Georgia law, public officers and employees, in their individual capacities, are only liable for (1) ministerial acts performed negligently or (2) discretionary acts taken within the scope of their official authority performed with malice or intent to injure. The Court in Vidal dealt with the level of malice necessary to allow a claim against a public officer to survive summary judgment. In Vidal, the plaintiff, Ashley Leavell, sued an off-duty officer, Officer Jose Vidal, for, among other things, uncons

Apportionment Statute Held Applicable to Non-Party Employers Under the Theory of Negligent Entrustme

In an action arising out of a car accident, both drivers blamed each other for the accident; however, plaintiff, Zaldivar, also blamed defendant, Prickett’s employer, Overhead Door Company (ODC). Zaldivar v. Prickett, 2105 WL 4067788 (Ga. App. July 6, 2015). Zaldivar gave notice under the apportionment statute, OCGA § 51-12-33, that she intended to ask the trier of fact to assign responsibility to ODC for Prickett’s injuries based on ODC’s negligent entrustment in hiring Prickett. Prickett, a driver for ODC, had various driving violations and ODC had notice of his record and continued to employ him as a driver. The court found that the apportionment statute’s reference to “all persons or

Georgia Courts Clarify Qualified Immunity for Police Officers

In an interlocutory appeal, the Court of Appeals granted summary judgment in favor of two officers in a malicious prosecution claim. The Court, in Brown v., 331 Ga.App. 890 (March 30, 2015), held that the officers were entitled to qualified immunity due to their arguable reasonable suspicion too detain Plaintiff. Plaintiff went to a mall while openly carrying a hand gun in a waistband holster. After being asked by a security guard to return the gun to his car, plaintiff was questioned in the parking lot by an off duty officer and a second security guard. The officer asked plaintiff for his firearms license and after he refused to produce the document, the officer stood be

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