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By: Kyle D. Winnick and Andrew Simon

Seyfarth Synopsis: The New Jersey Appellate Division held that representative claims under the New Jersey Wage and Hour Law (“WHL”) and Prevailing Wage Act (“PWA”) do not require class certification and established a two-year look-back period to WHL and Earned Sick Leave Law (“ESLL”) claims predating the 2019 amendment.

In a significant decision…

Continue Reading Representative Claims Under the New Jersey Wage and Hour Law and Prevailing Wage Act Do Not Require Class Certification

By: Phillip J. Ebsworth and Kyle W. Owen

Seyfarth Synopsis: On August 3, 2026, the LWDA issued modifications to its proposed PAGA regulations, clarifying several procedures and making some notable substantive changes. The most notable proposed modifications are briefly summarized below.

High-Frequency Filers

The original proposal designated any attorney or law firm that filed 200 or more PAGA notices…

Continue Reading PAGA Paraphrased –  LWDA Revises Proposed Regulations

By: Petersen D. Walrod, Kevin M. Young, and Brett C. Bartlett

Seyfarth Synopsis: On July 22, 2026, the U.S. DOL’s Wage & Hour Division (WHD) published two opinion letters addressing when commute time must be paid. In FLSA 2026-9, WHD concludes that “ordinary” commuting time during the workday does not need to be paid. In FLSA 2026-10, WHD…

Continue Reading Two Lane Highway: DOL Publishes Two “Dueling” Opinion Letters Regarding the Compensability of Commute Time

By: Phillip J. Ebsworth and Natalie C. Kreeger

Seyfarth Synopsis: The Fourth Appellate District affirmed the trial court’s broad discretion to reduce PAGA civil penalties, holding that courts may use “any reasonable method” to reduce penalties and are not bound by any single calculation method — whether per pay period, per employee, or otherwise — and upheld the application of…

Continue Reading PAGA Paraphrased – Taduran v. James R. Glidewell, Dental Ceramics, Inc.

By: Christina Jaremus, Alex Simon, and Noah Finkel

Seyfarth Synopsis: The Fourth Circuit tapped back in right where it left off in its late 2024 decision in Stafford v. Bojangles’ Restaurants, Inc. There, it reversed class certification in a wage-and-hour class action involving shift managers at the southern-style fast-food chain who alleged they were required to perform various…

Continue Reading Bud. Weis. Vacated: Fourth Circuit Drains Another Wage-and-Hour Class Certification: Overby v. Anheuser-Busch

By: Kyle D. Winnick and Andrew Simon

Seyfarth Synopsis: The District of New Jersey held that performers on a streaming platform are employees under New Jersey law despite being independent contractors under the Fair Labor Standards Act (“FLSA”), underscoring how the so-called “ABC” test more narrowly defines independent contractors.

In a significant decision highlighting the stringent nature of New…

Continue Reading Court Finds Streamers Are Employees Under New Jersey Law Despite Independent Contractor Status Under the FLSA

By: Petersen D. Walrod, Christina Jaremus, and Brett C. Bartlett

Seyfarth Synopsis: On May 28, 2026, the U.S. Department of Labor (DOL) published four new opinion letters, covering situations including: (1) whether an exempt worker may perform non-exempt work; (2) whether a bonus structured as a percent of total earnings needs to include an overtime “true up”; (3) whether…

Continue Reading US Department of Labor Publishes Three Pro-Employer, One (Somewhat) Pro-Worker, Opinion Letters

By: Gina Gi

Seyfarth Synopsis: The U.S. Supreme Court has resolved a circuit split, holding “last mile” drivers transporting goods within a single state can, but do not necessarily, fall within the transportation worker exemption under section 1 of the Federal Arbitration Act. As a result, such workers may be allowed to bypass mandatory arbitration agreements governed by the FAA.…

Continue Reading Supreme Court Affirms the Transportation Worker Exemption Can Apply to “Last-Mile” Drivers, Allowing Them to Bypass Arbitration Under the FAA

By: Ariel D. Cudkowicz, Michael E. Steinberg, and Madeline R. Comer

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy industry informed.

Seyfarth Synopsis: Effective July 1, 2026, all…

Continue Reading Tips from Seyfarth: Florida Expands Disclosure Requirements for Automatic Charges

By: Phillip Ebsworth and Natalie Kreeger

Seyfarth Synopsis: The Second District reversed an order denying a motion to compel arbitration, holding that multiple onboarding documents reflected a valid and enforceable agreement to arbitrate individual employment and PAGA claims, and that a wholesale PAGA waiver did not defeat enforcement where it could be severed consistent with Viking River Cruises, Inc. v.

Continue Reading PAGA Paraphrased – Santana v. Studebaker Health Care Center