On May 29, 2026, the U.S. District Court for the District of New Jersey found that while a certified class of performers on an adult streaming platform was correctly classified as independent contractors under the federal Fair Labor Standards Act (FLSA), the class did not meet the standard to be classified as independent contractors under New Jersey’s “more stringent” “ABC test.”
Quick Hits
A federal district court in New Jersey ruled that adult performers on an online streaming platform are independent contractors under the FLSA but qualify as employees under New Jersey’s stricter ABC test.
The court found that the performers could not be classified as independent contractors under the ABC test because they operated within the operator’s usual course of business and not outside its places of business by providing services on the operator’s online digital platform.
The court explained that under New Jersey’s ABC test, an enterprise’s place of business includes any location where… Read the complete article here...
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