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80 Wash. & Lee L. Rev. 445 (2023)
Looking a Gift Horse in the Mouth: Working Students under the Fair Labor Standards Act

handle is hein.journals/waslee80 and id is 455 raw text is: Looking a Gift Horse in the Mouth: Working Students Under the Fair Labor Standards Act Lara Morris* Abstract Internships have skyrocketed in popularity as they become the new entry-level position for professional careers across the country. Despite their popularity, the legality of internships falls in a gray area created by a vague statute and a flexible, factor-based judicial test. The Fair Labor Standards Act (FLSA), which regulates employment relationships and importantly mandates a minimum wage and hour requirements, was written long before internships became commonplace and provides little direction for how to regulate these positions. In this void, both the Department of Labor and federal courts have developed guidance, the ultimate culmination of which is the modern primary beneficiary test. The equestrian industry's attempt at internships is a position known as a working student. These positions did not * Recipient, Roy L. Steinheimer Law Review Award; J.D. Candidate, Washington & Lee University School of Law; B.A., University of Virginia. Thank you to Lucy, who provided the inspiration for this piece and shared her stories while ceaselessly sticking with me throughout our friendship; to the tribe of equestrians who have helped me gain my horse sense; and to Anne and Gary, Morgan, my parents, and all others who championed my efforts in the last few years. Much gratitude and credit to Professors Susan Carle and Todd Peppers for their unending support as Note Advisors and for opening my mind to the potential of this topic; to Professor Mona Houck for teaching me to write a topic sentence after thirty years of struggles; and to Professor Franklin Runge, who has been my guiding light and sounding board. Finally, the most thanks to Shae, without whom this project would not exist and who has given me a lifetime of memories on horseback. 445