Gawker Victory Against Unpaid Interns Provides Helpful Roadmap

A federal judge has sided with Gawker in the media company’s legal battle with a former unpaid intern who claimed that he should have been compensated as an employee. On March 29th, Judge Alison Nathan in the Southern District of New York granted Gawker’s motion for summary judgment and found that the Second Circuit’s “primary beneficiary” test tipped in favor of Gawker, meaning that the plaintiff, Aulistar Mark (“Mark”), was a “bona fide” intern not entitled to compensation under the FLSA. The Court also denied Mark’s motion for class certification as moot.

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