Staffing Agencies

News & Analysis as of

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

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

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

Staffing agency workers and ACA offers of coverage

The final regulations on the Affordable Care Act’s (ACA) “pay or play” rules were released on Feb. 10, 2014. Under the rules, there are potential penalties imposed on large employers that do not offer substantially all...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

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

Labor Department Announces Plan to Find Joint Employment — in All Directions

When I get lost (which is often, say my kids), I turn to a map. Fortunately, I always have my iPhone on me, so the Maps app can generally get me where I am going. The Wage and Hour Division needs no map to find where it...more

New DOL Guidance Regarding Joint Employment Under the FMLA

On January 20, 2016, the federal Department of Labor (“DOL”) issued guidelines to employers on the subject of “joint employment.” Most of the buzz regarding the DOL’s publications centers around the new “Administrator’s...more

Think Using a Temp Firm Solves Your FLSA Compliance Problems? Think Again, Says the DOL

On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor issued a new Administrator's Interpretation ("AI") on the issue of joint employment under the FLSA. What is joint employment? The FLSA generally...more

USDOL Releases Broad "Joint Employment" Interpretation

The U.S. Labor Department has taken the next step in its nearly-six-year-old "fissured industries" initiative by releasing Administrator Interpretation No. 2016-1, dealing with concepts of "joint employment" under the...more

WHD Issues Another Momentous Interpretation, Mapping Joint Employer Status on Horizontal and Vertical Planes

As we predicted, the federal Wage and Hour Division has issued another edict that will have far-ranging effects on businesses across the U.S. economy, specifically those sharing employees with related operations or relying on...more

Joint Employment for Wage/Hour

The Department of Labor’s Wage and Hour Division (“WHD”) has issued new guidance on joint employer status. The guidance re-emphasizes that companies that share workers with associated companies, or that subcontract work to...more

New Orleans WHD to Aggressively Investigate Oilfield, Maritime Employers

The United States Department of Labor, Wage and Hour Division, administers the Fair Labor Standards Act (“FLSA”). That authority includes the power to investigate employers, their customers and payroll practices. ...more

Third Circuit Opens a New Avenue of Liability to Temporary Employees

When it comes to using temporary employees, the set-up is all too familiar. An employer engages a staffing firm, which hires, pays, and places temps to meet the employer’s needs. The employer’s costs are fixed and payable...more

Trying To Avoid Liability by Outsourcing Labor to Staffing Companies? It May Not Work As Well As You Think!

Joint employers beware… A recent case settled by the United States Department of Labor (DOL) Wage and Hour Division highlights how companies who outsource labor to staffing agencies may want to take precautions to ensure they...more

Preparing for the 2016 California Legislative Session – and Elections

Even before California's 2016 session gets underway in January, legislative committees have been scheduling bills for hearing next month.  So far, hearings on bills of interest to California private-sector employers include...more

Decoding the NLRB’s New Joint Employer Standard

The National Labor Relations Board (NLRB) made major changes to the concept of joint employers in 2015, culminating in what many felt was a head spinning decision in August, known as Browning-Ferris, setting a new standard...more

Third Circuit Decides Two Precedential Employment Cases to Close Out November 2015

Over a span of two weeks at the end of last month, the Third Circuit Court of Appeals issued two key opinions concerning oft-scrutinized areas of employment law — rights attendant to employer-employee relationships and...more

Third Circuit Finds Host Company Subject to Title VII Discrimination Claims by Temp

Some employers prefer using temporary workers due to the added flexibility they provide in terms of filling roles not suited for permanent employees. However, some employers persist in believing that obtaining workers from a...more

NLRB Finds No Joint Employment Relationship In First Decision Applying Browning-Ferris

In its first application of the landmark Browning-Ferris decision, the National Labor Relations Board (NLRB) has determined that ACECO, a contractor, was not a joint employer with Green Jobworks, its staffing agency. In...more

Germany To Significantly Expand Protections for Temporary Workers

The German government’s plan to strengthen the rights of temporary workers could have far-reaching implications for companies that have any workers based in the country. The Federal Ministry for Labour and Social Affairs (the...more

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