Issue: (1) What is the proper test for determining when
an intern or extern is a “trainee” not entitled to the minimum wage protections of an
“employee” under Sections 203(e)(1) and (g) of the
Fair Labor Standards Act (FLSA); and (2) whether the Department of Labor's s six-factor test for excluding
“interns” from FLSA protections is entitled to
deference, when the factors are inconsistent
with this Court’s precedents in Walling v. Portland Terminal Co. and Tony & Susan Alamo Foundation v. Secretary of Labor .
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