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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

[New York employers should expect heightened scrutiny of their wage-and-hour policies in 2026.]

As we kick off 2026, it is an important reminder for employers that New York is a hotbed for wage-hour issues.  The Eastern and Southern Districts of New York consistently see more cases asserting claims under the Fair Labor Standards Act (FLSA) than any other…

Continue Reading Wage and Hour Issues for New York Employers in 2026

By: Andrew McKinley, Kyle Winnick & Alex Simon

Seyfarth Synopsis: This latest installment in our series on the Department of Labor’s proposed independent contractor rule under the Fair Labor Standards Act focuses on proposed changes to the profit-or-loss analysis as it relates to workers’ investments in their businesses.

A hallmark of independent contractor status is the ability to exercise…

Continue Reading DOL’s Proposed FLSA Independent Contractor Rule: Investment as Indicative of Profit and Loss

By: Noah Finkel, Camille Olson, Scott Mallery, Andrew McKinley and Kevin Young

Seyfarth Synopsis:  Today the U.S. Department of Labor issued its draft new interpretive regulation (or NPRM) attempting to define employee versus independent contractor status under the Fair Labor Standards Act.  The NPRM jettisons an earlier attempt under the prior Administration to modernize and simplify how…

Continue Reading Meet the New Interpretation, (Pretty Much the) Same as the Old Interpretation: the DOL Proposes Its Own Independent Contractor Definition for the FLSA

Co-authored by Christopher Truxler and Coby Turner

Seyfarth Synopsis: Earlier this month, a California federal court dismissed the misclassification claims of 7-Eleven franchisees on the pleadings, finding they did not and could not plead facts sufficient to show that they were employees of their franchisor.

All is well with one of America’s most beloved convenience stores. In October 2017, four…
Continue Reading Oh Thank Heaven, Franchisees Not Employees of 7-Eleven!

The

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Continue Reading California Supreme Court Hears Oral Argument to Define “Independent Contractor”

Co-authored by: Steve Shardonofsky and John P. Phillips

Seyfarth Synopsis: On November 7, 2017, the U.S. House of Representatives passed the Save Local Businesses Act. If passed by the Senate, the bill would overturn Obama-era decisions and agency guidance broadly defining and holding separate, unrelated companies liable as “joint employers” under federal wage & hour and labor law. Perhaps more …
Continue Reading Passage of the Save Local Businesses Act in the House May Signal a Broader Rejection of Obama-Era Rules On Joint Employment

Authored by Alex Passantino

The White House announced its intent to nominate Cheryl Stanton to serve as the Administrator of the U.S. Department of Labor’s Wage & Hour Division. Stanton currently serves as the Executive Director for the South Carolina Department of Employment and Workforce. Prior to that, she worked in private practice as a management-side labor and employment attorney.
Continue Reading White House to Nominate S.C. Labor Official to Serve as WHD Administrator

Authored by Alex Passantino

On June 7, Department of Labor Secretary Alexander Acosta announced the withdrawal of the DOL’s 2015 and 2016 Administrator Interpretations (“AIs”) on joint employment and independent contractors. These documents were statements of the Wage & Hour Division’s interpretations of the FLSA’s (and Migrant and Seasonal Agricultural Worker Protection …
Continue Reading DOL Withdraws Guidance on Joint Employment, Independent Contractors

Authored by Cheryl A. Luce

Seyfarth Synopsis: On May 25, 2017, Noah Finkel spoke at our full-day summit about what to expect from the DOL under the new administration. Noah’s forecast: “They say that the policy is the people, and we don’t yet have the people.” We have a Secretary of Labor and an interim Solicitor of Labor, but are …
Continue Reading Wage and Hour Takeaways from Trump Post 100 Day Symposium