Kyle D.Winnick
Associate
Labor & Employment
kwinnick@seyfarth.com
Kyle focuses his practice on the nationwide representation of businesses in all facets of labor and employment law, with an emphasis on wage and hour matters and independent contractor status.
More About Kyle
Employers face an ever-expanding, complex web of labor and employment laws promulgated at the federal, state, and local levels. Kyle counsels and assists clients in navigating these ever-changing requirements, and defends them in litigation when challenged in court, arbitration, or before an administrative agency.
Kyle’s experience includes defending businesses in bet-the-company wage and hour and independent contractor cases. For instance, he was part of a trial team that successfully defended a company in a multiplaintiff case arising under the Fair Labor Standards Act (FLSA), which challenged the client’s business model. He has helped secure decertification in class and collective wage and hour cases, summary judgment in exemption and independent contractor misclassification cases, and victory in numerous arbitrations involving federal and state wage and hour issues.
Kyle’s litigation experience includes not just wage and hour matters, but runs the gamut of employment laws, including cases asserting claims for discrimination, harassment, retaliation, defamation, and employment-related torts. Kyle has successfully litigated numerous complex and contentious matters across the country, including in California, Georgia, Florida, Louisiana, New Jersey, New York, Pennsylvania, and Texas. He frequently appears in federal and state courts, as well as federal and state agencies, including the US Department of Labor, New York State Division of Human Rights, and New Jersey Division on Civil Rights. This experience helps Kyle effectively counsel and advise businesses because he understands how sound policies and practices can help minimize litigation risk and cost.
Kyle’s experience also includes policy matters. He contributed to the United States Chamber of Commerce’s comment to the Department of Labor’s proposal to rescind and replace the independent contractor rule it promulgated in 2021 under the FLSA.
Kyle’s track record of success in pretrial and trial practice reflects his strategic and competitive approach to every phase of litigation. Through focused discovery and dispositive motion practice, he exerts pressure on the opposition at each stage, up to and including trial. In a recent example, Kyle was part of the trial team that won numerous arbitrations, which alleged unpaid overtime and other wage and hour claims, in favor of a Fortune 500 company.
Kyle’s experience includes defending businesses in bet-the-company wage and hour and independent contractor cases. For instance, he was part of a trial team that successfully defended a company in a multiplaintiff case arising under the Fair Labor Standards Act (FLSA), which challenged the client’s business model. He has helped secure decertification in class and collective wage and hour cases, summary judgment in exemption and independent contractor misclassification cases, and victory in numerous arbitrations involving federal and state wage and hour issues.
Kyle’s litigation experience includes not just wage and hour matters, but runs the gamut of employment laws, including cases asserting claims for discrimination, harassment, retaliation, defamation, and employment-related torts. Kyle has successfully litigated numerous complex and contentious matters across the country, including in California, Georgia, Florida, Louisiana, New Jersey, New York, Pennsylvania, and Texas. He frequently appears in federal and state courts, as well as federal and state agencies, including the US Department of Labor, New York State Division of Human Rights, and New Jersey Division on Civil Rights. This experience helps Kyle effectively counsel and advise businesses because he understands how sound policies and practices can help minimize litigation risk and cost.
Kyle’s experience also includes policy matters. He contributed to the United States Chamber of Commerce’s comment to the Department of Labor’s proposal to rescind and replace the independent contractor rule it promulgated in 2021 under the FLSA.
Kyle’s track record of success in pretrial and trial practice reflects his strategic and competitive approach to every phase of litigation. Through focused discovery and dispositive motion practice, he exerts pressure on the opposition at each stage, up to and including trial. In a recent example, Kyle was part of the trial team that won numerous arbitrations, which alleged unpaid overtime and other wage and hour claims, in favor of a Fortune 500 company.
- JD, Benjamin N. Cardozo School of Law, Yeshiva University
Cum Laude
Cardozo Journal of Conflict Resolution, staff member - BA, Trinity College
History
With honors
- Georgia
- New Jersey
- New York
- US Court of Appeals, Second Circuit
- US Court of Appeals, Third Circuit
- US District Court, Northern District of Georgia
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
- Georgia Court of Appeals
- Part of trial team which won a jury verdict for an energy technology consulting group following decertification of the collective action. The jury found that the plaintiffs were independent contractors and not employees under the Fair Labor Standards Act.
- Part of legal team which won various arbitrations for a Fortune 500 company. The arbitrators held that the claimants were properly classified as exempt under the Fair Labor Standards Act and California Labor Code.
- Won summary judgment in arbitration in favor of employer and against the claimant who unsuccessfully claimed that he was misclassified as an independent contractor.
- Obtained orders denying FLSA certification in cases brought by independent contractors claiming to be employees and seeking wage and overtime payments.
- Obtained summary judgment in arbitration in case brought by independent contactor claiming to be employee and seeking overtime payments.
- Obtained summary judgment in arbitration in case alleging various state law wage and hour claims, such as controlled standby, minimum wage, overtime, inaccurate wage statements, and business expense reimbursements.
- Successfully moved to compel arbitration in numerous cases, preventing businesses from facing class and collective wage and hour actions. This includes cases where the company was not a signatory to the arbitration agreement.
- Defended businesses in pay frequency cases asserting claims under New York Labor Law and FLSA.
Related News & Insights
-
Webinar
Feb 29, 2024
Webinar Recording: What Businesses Need to Know About the DOL's New FLSA Independent Contractor Rule
-
Media Mentions
01/25/2024
Andrew McKinley and Kyle Winnick Provide Insights on the Independent Contractor Rule in Xpert HR
-
Legal Update
Jan 9, 2024
Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act
-
Attorney Publication
10/10/2023
Rob Whitman and Kyle Winnick Write on 2nd Circ. OT Ruling Guides on Pay for Off-the-Clock Work in Law360
- Co-Author, "Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act," Legal Update, Seyfarth Shaw LLP (January 9, 2024)
- Co-Author, "2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work," Law 360 (October 10, 2023)
- Co-Author, "Pay Frequency Litigation Under the New York Labor Law," Law.com (April 21, 2023) and New York Law Journal (April 25, 2023)
- Co-Author, "Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship Test," Legal Update, Seyfarth Shaw LLP (February 22, 2023)
- Co-Author, "Employment Law Issues in A Global ‘Gig’ Economy," ACC Docket (April 2019)
- Author, "International Commercial Arbitration, Anticipatory Repudiation, and the Lex Mercatoria," Cardozo Journal of Conflict Resolution, Vol. 15 (2014)
- Co-Presenter, "Late Wage Payment Claims in New York: Vega, Grant, and NYLL § 191," New York State Bar Association (April 11, 2024)
- Co-Presenter, "What Businesses Need to Know About the DOL's New FLSA Independent Contractor Rule," Webinar, Seyfarth Shaw LLP (February 29, 2024)
- Co-Presenter, “DOL’s Final Rule on Independent Contractor Status,” National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (February 7, 2024)
- Co-Presenter, "Pay Frequency Litigation in New York," Celesq (July 25, 2023)
- Co-Presenter, "Helix v. Hewitt: New Guidance (and Confusion) Around the Salary Basis Test," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (March 15, 2023)
Kyle focuses his practice on the nationwide representation of businesses in all facets of labor and employment law, with an emphasis on wage and hour matters and independent contractor status.
More About Kyle
Employers face an ever-expanding, complex web of labor and employment laws promulgated at the federal, state, and local levels. Kyle counsels and assists clients in navigating these ever-changing requirements, and defends them in litigation when challenged in court, arbitration, or before an administrative agency.
Kyle’s experience includes defending businesses in bet-the-company wage and hour and independent contractor cases. For instance, he was part of a trial team that successfully defended a company in a multiplaintiff case arising under the Fair Labor Standards Act (FLSA), which challenged the client’s business model. He has helped secure decertification in class and collective wage and hour cases, summary judgment in exemption and independent contractor misclassification cases, and victory in numerous arbitrations involving federal and state wage and hour issues.
Kyle’s litigation experience includes not just wage and hour matters, but runs the gamut of employment laws, including cases asserting claims for discrimination, harassment, retaliation, defamation, and employment-related torts. Kyle has successfully litigated numerous complex and contentious matters across the country, including in California, Georgia, Florida, Louisiana, New Jersey, New York, Pennsylvania, and Texas. He frequently appears in federal and state courts, as well as federal and state agencies, including the US Department of Labor, New York State Division of Human Rights, and New Jersey Division on Civil Rights. This experience helps Kyle effectively counsel and advise businesses because he understands how sound policies and practices can help minimize litigation risk and cost.
Kyle’s experience also includes policy matters. He contributed to the United States Chamber of Commerce’s comment to the Department of Labor’s proposal to rescind and replace the independent contractor rule it promulgated in 2021 under the FLSA.
Kyle’s track record of success in pretrial and trial practice reflects his strategic and competitive approach to every phase of litigation. Through focused discovery and dispositive motion practice, he exerts pressure on the opposition at each stage, up to and including trial. In a recent example, Kyle was part of the trial team that won numerous arbitrations, which alleged unpaid overtime and other wage and hour claims, in favor of a Fortune 500 company.
Kyle’s experience includes defending businesses in bet-the-company wage and hour and independent contractor cases. For instance, he was part of a trial team that successfully defended a company in a multiplaintiff case arising under the Fair Labor Standards Act (FLSA), which challenged the client’s business model. He has helped secure decertification in class and collective wage and hour cases, summary judgment in exemption and independent contractor misclassification cases, and victory in numerous arbitrations involving federal and state wage and hour issues.
Kyle’s litigation experience includes not just wage and hour matters, but runs the gamut of employment laws, including cases asserting claims for discrimination, harassment, retaliation, defamation, and employment-related torts. Kyle has successfully litigated numerous complex and contentious matters across the country, including in California, Georgia, Florida, Louisiana, New Jersey, New York, Pennsylvania, and Texas. He frequently appears in federal and state courts, as well as federal and state agencies, including the US Department of Labor, New York State Division of Human Rights, and New Jersey Division on Civil Rights. This experience helps Kyle effectively counsel and advise businesses because he understands how sound policies and practices can help minimize litigation risk and cost.
Kyle’s experience also includes policy matters. He contributed to the United States Chamber of Commerce’s comment to the Department of Labor’s proposal to rescind and replace the independent contractor rule it promulgated in 2021 under the FLSA.
Kyle’s track record of success in pretrial and trial practice reflects his strategic and competitive approach to every phase of litigation. Through focused discovery and dispositive motion practice, he exerts pressure on the opposition at each stage, up to and including trial. In a recent example, Kyle was part of the trial team that won numerous arbitrations, which alleged unpaid overtime and other wage and hour claims, in favor of a Fortune 500 company.
- JD, Benjamin N. Cardozo School of Law, Yeshiva University
Cum Laude
Cardozo Journal of Conflict Resolution, staff member - BA, Trinity College
History
With honors
- Georgia
- New Jersey
- New York
- US Court of Appeals, Second Circuit
- US Court of Appeals, Third Circuit
- US District Court, Northern District of Georgia
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
- Georgia Court of Appeals
- Part of trial team which won a jury verdict for an energy technology consulting group following decertification of the collective action. The jury found that the plaintiffs were independent contractors and not employees under the Fair Labor Standards Act.
- Part of legal team which won various arbitrations for a Fortune 500 company. The arbitrators held that the claimants were properly classified as exempt under the Fair Labor Standards Act and California Labor Code.
- Won summary judgment in arbitration in favor of employer and against the claimant who unsuccessfully claimed that he was misclassified as an independent contractor.
- Obtained orders denying FLSA certification in cases brought by independent contractors claiming to be employees and seeking wage and overtime payments.
- Obtained summary judgment in arbitration in case brought by independent contactor claiming to be employee and seeking overtime payments.
- Obtained summary judgment in arbitration in case alleging various state law wage and hour claims, such as controlled standby, minimum wage, overtime, inaccurate wage statements, and business expense reimbursements.
- Successfully moved to compel arbitration in numerous cases, preventing businesses from facing class and collective wage and hour actions. This includes cases where the company was not a signatory to the arbitration agreement.
- Defended businesses in pay frequency cases asserting claims under New York Labor Law and FLSA.
Related News & Insights
-
Webinar
Feb 29, 2024
Webinar Recording: What Businesses Need to Know About the DOL's New FLSA Independent Contractor Rule
-
Media Mentions
01/25/2024
Andrew McKinley and Kyle Winnick Provide Insights on the Independent Contractor Rule in Xpert HR
-
Legal Update
Jan 9, 2024
Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act
-
Attorney Publication
10/10/2023
Rob Whitman and Kyle Winnick Write on 2nd Circ. OT Ruling Guides on Pay for Off-the-Clock Work in Law360
- Co-Author, "Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act," Legal Update, Seyfarth Shaw LLP (January 9, 2024)
- Co-Author, "2nd Circ. OT Ruling Guides On Pay For Off-The-Clock Work," Law 360 (October 10, 2023)
- Co-Author, "Pay Frequency Litigation Under the New York Labor Law," Law.com (April 21, 2023) and New York Law Journal (April 25, 2023)
- Co-Author, "Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship Test," Legal Update, Seyfarth Shaw LLP (February 22, 2023)
- Co-Author, "Employment Law Issues in A Global ‘Gig’ Economy," ACC Docket (April 2019)
- Author, "International Commercial Arbitration, Anticipatory Repudiation, and the Lex Mercatoria," Cardozo Journal of Conflict Resolution, Vol. 15 (2014)
- Co-Presenter, "Late Wage Payment Claims in New York: Vega, Grant, and NYLL § 191," New York State Bar Association (April 11, 2024)
- Co-Presenter, "What Businesses Need to Know About the DOL's New FLSA Independent Contractor Rule," Webinar, Seyfarth Shaw LLP (February 29, 2024)
- Co-Presenter, “DOL’s Final Rule on Independent Contractor Status,” National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (February 7, 2024)
- Co-Presenter, "Pay Frequency Litigation in New York," Celesq (July 25, 2023)
- Co-Presenter, "Helix v. Hewitt: New Guidance (and Confusion) Around the Salary Basis Test," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (March 15, 2023)