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The First of Several Intern Class Action Cases: Judge Rules Interns Are FLSA Employees

Eden Antalik, an unpaid intern at Fox Searchlight Pictures, Inc. (Searchlight) in New York, moved for class certification of her New York Labor Law claim and conditional certification of an FLSA action, on behalf of all unpaid interns who worked for Fox Entertainment divisions between September 2005 and September 2010.

Antalik put forth proof that there were at least 45 class members, that she herself was a victim of the common policy to replace paid workers with unpaid interns, that the interns were recruited to help with busy periods, and that those who oversaw the internships themselves did not believe they complied with applicable law. Combined, this generated common answers to questions of liability which predominated over individual issues and defenses.

Appropriately, finding the requirements of Rule 23 satisfied, the court granted Antalik's motion to certify a class under the NYLL. The court also conditionally certified a related FLSA collective action. This may be the first of several intern cases.

I do not represent anyone in this action. I have represented other individuals in FLSA collective actions regarding wage matters. To find out how The Simon Law Firm can help, contact class action attorney Stephanie.


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