Legal Opinion

Velarde v. GW GJ, Inc.

Court of Appeals for the Second Circuit

Decided February 5, 2019No. Docket No. 17-330; August Term, 2017PublishedCited by 28 opinions

1Opinion of the Court

Susan L. Carney, Circuit Judge:

In Glatt v. Fox Searchlight Pictures, Inc. , 811 F.3d 528 (2d Cir. 2015), we addressed the application of certain federal and state employment laws to activities performed in a commercial setting by temporary "interns." We applied a "primary beneficiary" test: if, under certain enumerated circumstances, the intern is the "primary beneficiary" of the relationship, then the host entity is not the intern's employer and has no legal obligation to pay compensation *781under those laws; if, on the other hand, the host entity is the "primary beneficiary" of the…

2Cases cited12 opinions

  1. L-7 Designs, Inc. v. Old Navy, LLCCourt of Appeals for the Second Circuit · 2011
  2. Barfield v. New York City Health & Hospitals Corp.Court of Appeals for the Second Circuit · 2008
  3. Walling v. Portland Terminal Co.Supreme Court of the United States · 1947
  4. Glatt v. Fox Searchlight Pictures, Inc.Court of Appeals for the Second Circuit · 2015
  5. Mantena v. JohnsonCourt of Appeals for the Second Circuit · 2015

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3Cited by28 opinions

  1. Joy Eberline v. Douglas J. Holdings, Inc.Court of Appeals for the Sixth Circuit · 2020
  2. Brandi McKay v. Miami-Dade CountyCourt of Appeals for the Eleventh Circuit · 2022
  3. Linza v. SaulCourt of Appeals for the Second Circuit · 2021
  4. Alvarado v. GC Dealer Services Inc.District Court, E.D. New York · 2021
  5. Amador v. 109-19 Food Corp.District Court, E.D. New York · 2025

23 more not listed; retrieve them via the Exa API.

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