Mark Goldstein on Muck Rack

Mark Goldstein

United Kingdom
As seen in: Photography Blog, LinkedIn, Medium, Reuters, Wiley Online Library, ScienceDirect, Taylor & Francis Online, JAMA (The Journal of the American Medical Association), JAMA: Journal of the American Medical Association, South Florida Sun Sentinel, American Lawyer and
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Articles

What’s new in: The Supreme Court holds the FAA Section 1 exemption can reach drivers who never leave their state

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By Mark Goldstein, Garrett C. Parks, Samantha Jones
| reedsmith.com
On May 28, 2026, a unanimous Supreme Court held in Flowers Foods, Inc. v. Brock, 608 U.S. ___ (2026), that a worker who transports goods on a purely intrastate leg of an interstate journey can fall within Section 1 of the Federal Arbitration Act, even if the worker never crosses state lines and never interacts with a vehicle that does. Writing for the Court, Justice Gorsuch affirmed the Tenth Circuit and rejected the bright-line “cross-or-tag” rule urged by the employer.
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‘Who’s the boss?’ Joint employer liability and the hidden risk in your portfolio

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By Mark Goldstein, James D. Nicholas, Nicholas Sheets
| reedsmith.com
Within the context of the private equity (PE) landscape, employment law liability has often been viewed as a portfolio company problem. That assumption is becoming increasingly risky, however. As regulators and plaintiffs’ attorneys sharpen their focus on the relationship between PE sponsors and their portfolio companies, fund managers and investors need to understand how joint employer liability could extend beyond the portfolio company and attach directly to the fund itself.
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What’s new in ABC test rules: New Jersey Department of Labor adopts regulations to “spell out” the ABC’s of worker classification

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By Alexander Raap, Mark Goldstein, John McDonald, John Mcdonald
| reedsmith.com
On May 5, 2026, the New Jersey Department of Labor (NJDOL) announced its adoption of regulations designed to “clarify the statutory ABC test for determining whether a worker is an independent contractor or employee.” The regulations will take effect October 1, 2026, and in the simplest terms, reiterate that New Jersey remains one of the toughest states in which to properly classify workers as independent contractors.
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