Joint Employers

News & Analysis as of

DOL Issues New Guidelines on Joint Employment

The past few weeks have brought us a flurry of activity from federal agencies poised to re-shape the employment landscape, from upending traditional notions of the employment relationship to re-defining what it means to...more

One Last Time: President Seeks Huge Increase to WHD Budget, Investigators

The President’s FY2017 budget request seeks a nearly $50 million increase in the Wage & Hour Division’s budget. This more than 20% increase would fund, among other things, 300 additional investigative staff — putting the...more

Risks In Being A Joint Employer

Joint employment of one worker by two businesses can create risks of liability for both employers in a variety of ways. Both businesses may be liable, for example, on claims for employment discrimination and/or violations of...more

Adventures in Joint Employment: the Browning-Ferris Saga Continues with an Appeal to the D.C. Circuit Court of Appeals

Last week, Browning-Ferris Industries, the California-based waste management company, appealed two decisions issued by the National Labor Relations Board related to the definition of joint employer. Its appeal to the U.S....more

The Department of Labor Issues the Most Expansive Definition Yet of Joint-Employer Status

In its first major guidance of 2016, the U.S. Department of Labor (DOL) has issued a definition of joint-employer status under the Fair Labor Standards Act (FLSA) that is even broader than the definition of joint-employer...more

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more

Employment Practices Newsletter - February 2016

In New Guidance, DOL Gets Aggressive on “Joint Employment” - By issuing a new interpretative document in January, the U.S. Department of Labor’s Wage and Hour Division attempted to clarify the concept of “joint...more

So Nice, You’re Considered Employed Twice: DOL on Joint Employment

On January 20, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued an Administrator’s Interpretation that provides fresh guidance for determining when two or more entities will be considered joint...more

‘Twas the 2016 Franchise Renewal Season…and Labor and Regulatory matters are stirring throughout the franchise model

Last year, the franchising industry witnessed developments that significantly affected the core of its business model. These developments stem in large part from both federal and state governments taking a more active role in...more

DOL Issues Administrative Interpretation Addressing Joint Employment

On January 20, 2016, the United States Department of Labor’s Wage and Hour Division (DOL) issued its first Administrator’s Interpretation (AI) of 2016, providing guidance on the subject of joint employment under the Fair...more

DOL Issues Guidance on Joint Employment

The U.S. Department of Labor Wage and Hour Division weighed in last week on the hot topic of joint employment, issuing an Administrative Interpretation entitled “Joint employment under the Fair Labor Standards Act and Migrant...more

January 2016: Five Biggest Labor And Employment Law Stories

The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, here is a quick review of the five biggest stories from last month that all employers...more

Wage and Hour Division Issues Interpretation Confirming Expansive Standards for Joint Employment Under FLSA

If you read one thing... - The Department of Labor’s Wage and Hour Division issued new guidance emphasizing the broad standards it will apply to determine whether an employer is a “joint employer” under the FLSA. ...more

Labor & Employment E-Note - January 2016

The National Labor Relations Board ("the Board") had quite an eventful year in 2015. This article reviews how, in rapid succession, the Board broke decades-old precedent in five different ways, and explores three more...more

U.S. Department Of Labor Expansively Defines FLSA Joint Employment In New Guidance

The U.S. Department of Labor's Wage and Hour Division issued an Administrator's Interpretation ("AI") on January 20, 2016, setting forth the agency's approach to evaluating whether putatively separate entities are joint...more

FRANCHISOR 101: Department of Labor Weighs in on Joint Employer Liability

Recently, some plaintiffs - employees of franchisees - have tried to hold franchisors responsible for unpaid overtime and other claimed violations by franchisees they work for. They use the theory that franchisors are their...more

Involved In Multiple Businesses? You Might Be a Joint Employer!

In our previous post about the DOL's new Administrator's Interpretation ("AI") on joint employment under the FLSA, we focused on "vertical" joint employment. That's the variety of joint employment that exists when there is...more

Who’s The Boss? The Department of Labor’s Effort to Expand Joint Employer Liability Under the FLSA

On January 20, 2016, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division issued an Administrator’s Interpretation (“Interpretation”) significantly expanding the definition of a “joint employer” under the Fair Labor...more

FranCast Series: Franchisors Take Note: Broader DOL "Joint Employer" Interpretation Adds More Risk for Franchise Industry

While the franchise industry's attention has been focused on the NLRB's new and expanded joint-employer test, the Department of Labor has quietly continued its assault on what it calls the "fissured" employment landscape by...more

A Big Yawner? DOL Issues FMLA Fact Sheet Regarding Joint Employers

Joint employer issues are all the rage right now. Recently, the National Labor Relations Board (NLRB) put the screws to McDonald’s in finding that the Company is liable “jointly” along with their franchisees for alleged...more

DOL Asserts “As Broad as Possible” Joint Employer Standard for Wage and Hour Enforcement

In new guidance issued on January 20, the Department of Labor (DOL) has aggressively interpreted its authority “as broad as possible” to hold employers responsible for wage and hour violations committed by separate “joint...more

Department of Labor Guidance on Joint Employment Highlights Risks for Employers

In a recent OnPoint, Dechert discussed the National Labor Relations Board’s controversial decision in Browning-Ferris Industries of California, Inc., in which the Board abandoned its long-standing joint employer test in favor...more

Department of Labor: Joint Employment Is Increasingly Common

On January 20, 2016, the Wage and Hour Division of the Department of Labor issued guidance on joint employment under the Fair Labor Standards Act and Migrant Seasonal Agricultural Worker Protection Act. The DOL’s guidance...more

DOL Offers Primer on Joint Employment, Caution to Employers

Increasingly, federal watchdog agencies are sending the message that an employer’s liability under federal employment laws may extend beyond its own employment practices. The latest word is a January 20, 2016 Administrator’s...more

Fast Facts for Franchisors: The Joint Employer Doctrine – How to Minimize Your Risk

Updating your Franchise Disclosure Document, Franchise Agreement and other system documents is more important than ever. In recent decisions, the National Labor Relations Board and the Department of Labor have increasingly...more

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