Xuedan Wang v. Hearst Corp.

877 F.3d 69
CourtCourt of Appeals for the Second Circuit
DecidedDecember 8, 2017
DocketDocket No. 16-3302
StatusPublished
Cited by17 cases

This text of 877 F.3d 69 (Xuedan Wang v. Hearst Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Xuedan Wang v. Hearst Corp., 877 F.3d 69 (2d Cir. 2017).

Opinion

DENNIS JACOBS, Circuit Judge:

I

The question is whether Hearst furnishes bona fide for-credit internships or whether it exploits student-interns to avoid hiring and compensating entry-level employees. The factual record is voluminous and advances multiple -narratives, some of them contradictory; but the following essentials are undisputed.

Hearst maintained dozens of internship programs with its various print magazines. Each of five named appellants worked at one time as interns in one of these programs. These internships were unpaid, carried no expectation of eventual full-time employment, and required intern candidates to receive prior approval for college credit to participate. No intern alleges that Hearst promised compensation or a future job.

The interns’ individual experiences varied, but there are groupings. Four of the appellants-Alexandra Rappaport, Erin Spencer, Matthew Wagster, and Sarah Wheels-were enrolled in college during their internships. Rappaport, Spencer, and Wheels completed their internships during the summer between-academic years, and Wagster interned (with Esquire) during his fall semester. Lead plaintiff Xuedan Wang interned for one semester between her graduation from college and the start of her graduate program in ..the Fashion Marketing program at Parsons School of Design. Each intern received prior approval for college credit, although not all of them ultimately received credit from their degree-awarding institution: Wang had received permission for continuing education credit but ultimately did not pursue it, Wagster was denied credit from his Institution because his internship was not applicable to his major, and Wheels received credit from a local community college.

. Each student had an academic or aspiring professional connection to fashion. Wang and Spencer studied, fashion in college, and Spencer’s internship satisfied a graduation requirement (the Fieldwork course) for his major; Rappaport and Wagster were majoring in the social sciences, but hoped to break into the fashion industry; Wheels was an English major who interned in the editorial department of Cosmopolitan to advance her writing career. All of them testified or declared that jihey performed a range of tasks related to their professional pursuits in the Hearst internship programs, and gained valuable knowledge and skills. See, e.g., J. App’x 148 .(Rappaport gained knowledge “vital” to a fashion career and accomplished her goal of receiving “a real-life experience”), id. at 748-751 (Spencer had “a very valuable learning experience”), id. at 775-76 (Wang’s internship was a “rich and well-rounded learning experience” providing “unrivaled skills”).

At the same time, the interns share common complaints. They describe many tasks in Hearst’s fashion closets as menial and repetitive. Several , claim that they did not receive close supervision or guidance and that the' internships offered little formal training—in contrast to their academic experiences in school. One common grievance was that the interns mastered most of their tasks within a couple weeks, but did the same work for the duration of the internship.

In February 2012, lead plaintiff Xuedan Wang filed' suit alleging that she and a pútative class of interns across' Hearst’s magazine departments were deprived of wages in violation of the FLSA and NYLiL, Seven other interns opted in after the district court granted the ease collective certification. The district court’s denial of plaintiffs’ motion for partial summary judgment was vacated in this Court for reconsideration in light of Glatt v. Fox Searchlight Pictures, Inc., which was heard in tandem with Wang. Wang v. Hearst Corp., 617 Fed.Appx. 35 (2d Cir. 2015) (summary order).

Hearst moved for summary judgment against the six remaining plaintiffs under the Glatt test. The district court granted the motion, and five plaintiffs filed a timely appeal. We review de novo a district court’s grant of summary judgment. Mathirampuzha v. Potter, 548 F.3d 70, 74 (2d Cir. 2008).

II

The FLSA defines “employee” by tautology: an “individual employed by an employer.” 29 U.S.C. § 203(e)(1). The standard for “employee” is broad, but the Supreme Court has long recognized that not every individual who performs a service for an employer qualifies as an “employee” under the FLSA. See Walling v. Portland Terminal Co., 330 U.S. 148, 149-53, 67 S.Ct. 639, 91 L.Ed. 809 (1947). “[Ejmployee” status depends upon the “economic reality” of the relationship between the putative employer and employee. Glatt, 811 F.3d at 534, 536.

..Last year in Glatt, we recognized the “primary beneficiary” test as the way to distinguish employees .from bona fide interns. Id. lat 536. To guide our “flexible” analysis, we provided seven non-exhaustive considerations specific to the context of unpaid internships:

1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee—and vice versa;
2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions;
3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit;
4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar;
5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning;
6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern;
7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.

Id. at 536-37.

The court applies these considerations by weighing and balancing the totality of the circumstances. Id. at 537; Barfield v. N.Y.C. Health & Hosps. Corp., 537 F.3d 132, 141-42 (2d Cir. 2008)(Employee status is a “flexible concept to be determined on a case-by-case basis by review of the totality of the circumstances.”). “No one factor is dispositive and every factor need not point in the same direction for the court to conclude that the intern is not an employee.” Glatt, 811 F.3d at 537.

The totality of the circumstances should be considered in view of the “purpose of a bona fide internship ... to integrate classroom learning with practical skill development in a real-world setting.” Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alexander v. East Haven
D. Connecticut, 2023
Mark Fochtman v. Hendren Plastics, Inc.
47 F.4th 638 (Eighth Circuit, 2022)
Brandi McKay v. Miami-Dade County
36 F.4th 1128 (Eleventh Circuit, 2022)
Kennedy v. Caruso
D. Connecticut, 2021
Townsend v. First Student
D. Connecticut, 2021
Espinosa v. Perez
S.D. New York, 2019
Velarde v. GW GJ, Inc.
Second Circuit, 2019
Gorman v. Rensselaer Cty.
Second Circuit, 2018
Gorman v. Rensselaer Cnty.
910 F.3d 40 (Second Circuit, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
877 F.3d 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/xuedan-wang-v-hearst-corp-ca2-2017.