Based on the opinion of at least one a labor law attorney, WotC will be deemed an employer. I don’t believe this is good for the community, but the law is the law.
Note: I don’t understand the analysis of that attorney. I still see a huge distinction between the cases, but as I don’t work in employment law, I don’t appreciate all the subtleties that may apply. It does leave me scratching my head that I feel this is a slam-dunk for WotC, yet this attorney believes it’s a slam-dunk for the judges.