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FLSA
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Wage & Hour Litigation Blog
Court Finds Streamers Are Employees Under New Jersey Law Despite Independent Contractor Status Under the FLSA
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…
HR Defense
DOL Proposes Joint Employer Rule: Key Implications for Employers
The U.S. Department of Labor (DOL) has proposed a new joint employer rule that could significantly expand employer liability under the Fair Labor Standards Act (FLSA), the Family and Medical…
California Public Safety Labor Blog
DOL Issues New Opinion Letters: Major Wins for Employees on Off-the-Clock FLSA Claims
By Mastagni Law
On May 28, 2026, the U.S. Department of Labor’s Wage and Hour Division issued a significant opinion letter, FLSA2026-8, that delivers clear, practical guidance on one of the most frequent…
Labor & Employment Insights
Mind the Gap — Third Circuit Clarifies Rule on Overlapping Overtime
By Whitney J. Jackson, Jennifer M. Trulock
On June 3, 2026, the U.S. Court of Appeals for the Third Circuit issued a significant precedential decision in Secretary U. S. Department of Labor v. Comprehensive Healthcare Management Services…
Employment Law Letter
DOL Issues Four New Opinion Letters: What Employers Need to Know About Exemptions, Bonuses, Breaks, and Timekeeping
By Tom Owen
On May 28, 2026, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released four new opinion letters addressing difficult FLSA questions from employers and employees. These are the agency’s official…
The Employer Handbook Blog
Does Your Quarterly Bonus Program Create an Overtime Recomputation Obligation?
If your quarterly bonus is calculated as a proportional share of each employee’s total earnings — straight time plus overtime — the DOL says you do not owe any additional…
Independent Contractor Misclassification & Compliance
Do Businesses Need to Reset Their Independent Contractor Relationships After New Decision Involving ‘Streamers’?
By Richard Reibstein Esq. of Littler Mendelson P.C.
Businesses using independent contractors (ICs) that reside in any state that has a so-called ABC test to determine a worker’s IC status, including all companies that operate with ICs on…
The Employer Handbook Blog
“De Minimis” Is Not a Magic Eraser for Seven Daily Minutes of Off-the-Clock Work
Seven minutes doesn’t sound like much. Multiply it by 18,000 employees, every workday, and it’s a wage and hour audit waiting to happen. TL;DR: The Department of Labor’s Wage and…
Wage & Hour Litigation Blog
Second Circuit Restricts Nationwide FLSA Collective Actions
By: Kyle D. Winnick, Robert S. Whitman, and Joseph E. Abboud Seyfarth Synopsis: The Second Circuit held that courts must dismiss out-of-state plaintiffs from FLSA collective actions unless the defendant…
Davis+Gilbert PERKS
Second Circuit Limits FLSA Collective Actions, Restricting Notice to Out‑of‑State Plaintiffs Without Personal Jurisdiction
New York, Connecticut and Vermont employers, take note! On May 4, 2026, the Second Circuit issued a ruling that affects FLSA collective actions. In Provencher v. Bimbo Foods Bakeries Distribution…