Whaling on Walling: A Uniform Approach to Determining Whether Interns Are 'Employees' Under the Fair Labor Standards Act

Author:Cody Elyse Brookhouser
Position:J.D. Candidate, The University of Iowa College of Law, 2015; B.S., The University of Arkansas, 2012

This Note argues that, of the tests currently used by circuit courts to determine who constitutes an "employee" under the Fair Labor Standards Act, the Supreme Court should clarify that the totality of the circumstances test is most consistent with its decision in Walling v. Portland Terminal Co. This issue calls for clarity in light of the influx of litigation surrounding unpaid internships—most ... (see full summary)

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