The United States Department of Labor’s Wage and Hour Division (“WHD”) released guidelines on the use of unpaid interns by employers in the private sector. Typically, an employment relationship will be created unless an internship can meet the six criteria laid out by the WHD.
On May 12, 2010, the New York State Senate passed S1823b, a bill to amend the labor law to prohibit abusive work environments. If the bill were to pass scrutiny in the State Assembly, and be signed into law by the Governor, employees in the State of New York would have expansive protections beyond just the anti-discrimination statutes. In effect, the bill would transform the employment-at-will landscape, requiring that employers make sure that employees are not being subjected to bullying, while also making it more difficult for employers to terminate employees who complain of such.