Wage & Hour

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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: 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: 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: Hillary Massey, Kyle A. Petersen, and Molly C. Mooney

Seyfarth Synopsis: The federal government has now shutdown as of midnight on Wednesday, October 1, 2025 with no money flowing to fund non-essential services. Private-sector employers with federal contracts may need to consider cost-saving measures, such as temporary furloughs, reductions in hours, or reduced pay.

With government funding…

Continue Reading When Washington Goes Dark: What Federal Contractors Need to Know About the Shutdown