Employers should continue to assume that non-student interns are paid employees and should consult with counsel on whether student interns should be paid.
Employers that operate in a federally regulated industry need to be aware of the statutes that could give rise to a potential whistleblowing claim. Thankfully, the Department of Labor provides a list.
Fighting this issue will play into the hands of labor unions that they are needed to increase worker pay and to generally fight for their workplace rights.
The ruling confirms that employers need to practice vigilance in classifying an entry-level worker as an unpaid intern or an employee.