Glatt v. Fox Searchlight Pictures, Inc.

811 F.3d 528 (2nd Cir. 2016)

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Nature of the Case

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Facts

Ps worked as unpaid interns either on the D-distributed film Black Swan or at the D corporate offices in New York City. Ps contend that Ds violated the Fair Labor Standards Act (FLSA) by failing to pay them as employees during their internships as required by the FLSA's and NYLL's minimum wage and overtime provisions. Glatt (P) and Footman (P) moved for partial summary judgment on their employment status. Antalik (P) moved to certify a class of all New York interns working between 2005 and 2010. The district court concluded that Glatt (P) and Footman (P) had been improperly classified as unpaid interns rather than employees and granted their partial motion for summary judgment. The district cour granted Antalik's (P) motions to certify the class of New York interns and to conditionally certify the nationwide FLSA collective. The district court, acting on Ds' motion, certified its order for immediate appeal under 28 U.S.C. § 1292(b). The court granted Ds' petition for leave to file an interlocutory appeal from the district court's orders.