By Walter Gonzalez, Esq., and Ty Hyderally, Esq.

January 12, 2026

In the tree care industry, seasonal hiring is fundamental to operations. Arborists, climbers, ground crews, and support staff are often brought on during peak months and released when the weather turns. With the annual industry conference and the current off-season, many workers are reflecting on their seasonal experiences and, in some cases, uncovering possible violations of their rights. What tree care workers face annually offers a window into systemic issues that also appear in landscaping, construction, hospitality, and other outdoor industries.

A Brief Recap of the Law:

The law does not exempt seasonal workers from core labor protections. Under the federal Fair Labor Standards Act, New Jersey’s Wage and Hour Law (N.J.S.A. 34:11-56a et seq.), and New York’s Labor Law Articles 6 and 19, workers are entitled to minimum wage, overtime for non-exempt workers, and accurate recordkeeping. Despite this, seasonal workers are often (intentionally or unknowingly) misclassified as independent contractors, paid “off the books,” and/or denied compensation for all hours worked.

Misclassification remains a priority enforcement issue. In New Jersey, the statutory ABC test under N.J.S.A. 43:21-19(i)(6) presumes employment status as a W-2 employee, unless the employer can establish that the worker is free from direction, performs work outside the usual course of the employer’s business, and operates an independently established trade. The New Jersey Department of Labor is in the process of proposing regulations that would codify its interpretation of the ABC test and clarify factors for determining independent contractor status across wage, hour, and unemployment contexts[1]. This initiative reflects ongoing enforcement zeal to protect employees wrongly labeled as independent contractors.

In New York, the Department of Labor enforces wage theft protections vigorously, including minimum wage and overtime requirements under Article 19 and Article 6 of the Labor Law. Recent high-profile enforcement illustrates this trend. In December 2025, the New York Attorney General filed a lawsuit against a national employer alleging systematic wage theft involving thousands of seasonal delivery workers, including unpaid off-the-clock work, manipulated timekeeping, and failure to pay overtime, echoing the kinds of wage and hour issues seen in seasonal tree care work. [2]

Wage and hour violations in seasonal work are not theoretical. Tree care workers routinely perform unpaid travel between job sites, gear loading, required safety meetings, and other tasks that are compensable under law but often not paid. State enforcement agencies, including the New Jersey Division of Wage and Hour Compliance, make clear that wage, overtime, and sick leave laws apply across employment types and complain procedures are available for workers whose rights are violated.

Safety obligations in the tree care industry are equally non-negotiable. Employers must provide adequate training and protective equipment under general workplace safety principles. OSHA’s regulations protect workers in the industry from unsafe working conditions.  If a worker gets injured at work, he or she is entitled to workers’ compensation coverage benefits, whether the worker is seasonal or not. Retaliation against a worker for reporting unsafe conditions or injuries violates both state and federal anti-retaliation provisions.

In addition to the above, anti-discrimination protections under the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) and the New York State Human Rights Law (Executive Law § 290 et seq.) apply fully to seasonal workers. Seasonal status does not remove an employee’s right to be free from discrimination based on protected characteristics such as age, national origin, disability, or retaliation for asserting legal rights.

How This Applies to You:

As the season winds down, workforce reductions carry risks beyond property and equipment storage. Selective layoffs, retaliatory non-rehiring, and inconsistent recall practices often lead to claims when workers return the next season and find they have been excluded without legitimate explanation. Documentation of hiring and separation decisions, including legitimate business reasons, is critical.

While these issues are grounded in the niche of tree care, they resonate across industries that follow similar seasonal hiring patterns. Landscaping, agriculture, construction, hospitality, and snow removal all exhibit cyclical workforces and face the same legal obligations. Seasonal employment is not a loophole to evade wage, hour, safety, and anti-discrimination laws. It is a common point of vulnerability where violations occur and leave lasting harm.

For workers, the off-season is when the impact of unpaid hours, misclassification, and retaliatory treatment becomes clear. For employers, it is a moment to reassess compliance before the next hiring cycle. Understanding and enforcing legal rights for seasonal workers is essential to ensuring fairness and accountability in the workplace.

If you have any questions regarding your rights as an employee, you should seek out an experienced attorney who concentrates in employment law. Our firm has been concentrating in employment law for over twenty-three (23) years!

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice regarding your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.

[1] https://www.nj.gov/labor/lwdhome/press/2025/20250428_ABC.shtml

[2] https://ag.ny.gov/press-release/2025/attorney-general-james-sues-ups-cheating-seasonal-workers-out-millions-dollars