Wang v. Phoenix Satellite Television US, Inc., No. 13-CV-218(PKC) (S.D.N.Y. Oct. 3, 2013) (Castel, J.): As we recently covered in our firm blog, Judge P. Kevin Castel in the Southern District of New York recently dismissed an unpaid intern’s claims under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). Judge Castel held that an unpaid intern is not an “employee” as recognized under either the NYSHRL or NYCHRL. However, he allowed the plaintiff’s failure-to-hire claim to proceed. Since the decision was issued in early October 2013, a bill is already pending in the New York State Senate that would provide broader anti-discrimination protection to unpaid interns under the NYSHRL. In addition, presumptive mayoral elect Bill de Blasio and members of the New York City Council have indicated their support for similar legislation under the NYCHRL. We will continue to monitor these anticipated legislative changes precipitated by the Wang decision.
