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How does Jordana Nelson's prior experience as a general counsel inform her work with firm clients? Read more>


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The M&A Advisor Winner 2017The M&A Advisor announced the winners of the 16th Annual M&A Advisor Awards on Monday, November 13 at the 2017 M&A Advisor Awards. Bass, Berry & Sims was named a winner in the two categories related to the following deals:

M&A Deal of the Year (from $1B-$5B) – Acquisition of CLARCOR Inc. by Parker Hannifin Corporation

Corporate/Strategic Deal of the Year (over $1B) – Acquisition of BNC Bancorp by Pinnacle Financial Partners

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Regulation A+

It seems that lately there has been a noticeable uptick in Regulation A+ activity, including several recent Reg A+ securities offerings where the stock now successfully trades on national exchanges. In light of this activity, we have published a set of FAQs about Regulation A+ securities offerings to help companies better understand this "mini-IPO" offering process, as well as pros and cons compared to a traditional underwritten IPO.

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Labor Talk Blog: Are Unpaid Summer Internships on Their Way Out?


June 24, 2014

Summer is officially here, which for many employers, is the season of unpaid internships. What was once seen as an opportunity for students to get "real-world" work experience during summer break has in recent years become a hotly contested issue. Unpaid intern lawsuits have swept the nation and the U.S. Department of Labor ("DOL") has taken a firm stance on the topic.

So, what's the buzz about? Generally, the FLSA requires that "employees" be paid at least minimum wage and receive overtime compensation for all hours worked over 40 in a workweek. The DOL argues that many summer interns are actually "employees," and therefore, should be paid as such. The burden is on the employer to analyze its internship opportunities to determine whether the interns qualify as employees under the FLSA. Unfortunately, the analysis is multi-factored and the conclusion is not always clear.

The DOL takes the position that if ALL six of the factors below are satisfied, the intern is NOT an employee and the internship may be unpaid.

  1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment.
  2. The internship is for the benefit of the intern.
  3. The intern works under close staff supervision and does not displace regular employees.
  4. The employer derives no immediate advantage from and may in fact be impeded by the intern.
  5. The intern is not necessarily entitled to a job after the internship.
  6. The employer and the intern understand that the intern is not entitled to wages.

If the factors above are not satisfied, the intern is an employee in the eyes of the DOL, and must be paid at least minimum wage and time and a half for all hours worked over 40 in a workweek. For an employer, this may mean turning an unpaid internship into a paid internship, or increasing the pay of a low-paying internship to ensure compliance with minimum wage and overtime requirements.

Note, however, that the DOL makes an exception for unpaid internships in the public sector and for non-profit charitable organizations. If the intern volunteers his or her time without expectation of compensation, the DOL generally permits the internship to be unpaid.

If you have questions or concerns regarding your summer internship program, our attorneys are prepared to answer your questions and/or assist in analyzing your program for FLSA compliance.

For more Labor and Employment information, visit

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