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‘Black Swan’ Interns Win Partial Summary Judgment Against Fox Searchlight (Updated)

Fox Searchlight says it will seek to have the judge's rulings reversed

Two interns who said they worked on the 2010 film "Black Swan" that sued Fox Searchlight for allegedly violating minimum wage and overtime laws scored a legal victory on Tuesday, when a judge partially granted their motion for summary judgment.

In a 36-page memorandum and order, U.S. District Judge William H. Pauley III found that Eric Glatt and Alexander Footman acted in the capacity of employees covered by New York Labor Law and the Fair Labor Standards Act, rather than unpaid interns, and partially granted their motion for summary judgment.

Also read: 'Black Swan' Sued for Using Unpaid Interns

Pauley also certified a class action in the matter.

Glatt and Footman initially sued Fox Searchlight in 2011, seeking unpaid wages and attorneys' fees. They are also asking that Fox Searchlight's internship practices be discontinued.

A Fox Searchlight spokesman told TheWrap that the company is "very disappointed" in the judge's decisions and will seek to have them reversed.

"We are very disappointed with the Court’s rulings," Fox Searchlight said in a statement. "We believe they are erroneous, and will seek to have them reversed by the 2nd Circuit as quickly as possible."

"Unpaid interns are becoming the modern-day equivalent of entry-level employees, except that employers are not paying them for the many hours they work," their suit claims. "This practice runs afoul of basic wage-and-hour laws."

Pamela Chelin contributed to this report.