Employment / Unpaid interns
No Skidmore deference to DOL definition of an employee.
Internships distinguished from employment by identifying the primary beneficiary of the relationship.
This standard bars the formation of the class due to predominance concerns.
Bonus: cameo by prominent Hollywood pillow.
http://www.ca2.uscourts.gov/decisions/isysquery/2b78c6ab-9a30-46d4-b200-629fd5966190/1/doc/13-4478a_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/2b78c6ab-9a30-46d4-b200-629fd5966190/1/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.