News & Analysis as of

Department of Labor (DOL) Staffing Agencies

WilmerHale

Department of Labor Accuses Hyundai of Child Labor Violations for Supplier Conduct

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On May 30, 2024, the US Department of Labor (DOL) filed a complaint in the Middle District of Alabama against a US subsidiary of Korean carmaker Hyundai seeking to hold Hyundai liable for child labor violations alleged to...more

Littler

Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

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The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens....more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Clark Hill PLC

Illinois Significantly Amends Temporary Worker Law

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On Aug. 4, Illinois Governor J.B. Pritzker signed HB 2862, which takes effect immediately. The bill substantially amends the Day and Temporary Labor Services Act, 820 ILCS 175 (the “Act”). The amendments provide expanded...more

Fox Rothschild LLP

Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor Misclassification

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I have many clients that use staffing/temporary agencies for securing personnel. The danger lurking in these relationships is that the two entities (staffing company and client) may be found to be a joint employer. Another...more

Polsinelli

Misclassification Concerns in Staffing Relationships

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Employers utilizing staffing agencies should be on high alert given the Department of Labor’s (“DOL”) recent investigations targeting these arrangements. Specifically, the DOL has been actively investigating businesses that...more

Foley & Lardner LLP

Staffing Companies Beware - The Halloween Nightmare of DOL Audits

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Employers should be aware that the US Department of Labor (DOL) has ramped up its scrutiny of payroll practices by staffing companies, through comprehensive audits targeted on overtime classification. Of late, the DOL...more

Fox Rothschild LLP

New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?

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When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...more

Jackson Lewis P.C.

What A Return To Earlier Definitions Of Joint Employer Means For Manufacturers, Temp Agencies

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Joint-employer rules appear to be changing again, and this will create challenges for manufacturers. On July 29, 2021, the U.S. Department of Labor (DOL) rescinded an earlier version of the Joint Employer Final Rule...more

Fox Rothschild LLP

USDOL Opening Door (A Little) On Section 7(i) Commission/Retail Exemption After Rescission Of Outdated Lists

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There has been a lot of action lately from the USDOL on the issue of the Section 7(i) exemption from overtime (29 USC 207(i), the so-called commission exemption. One of the basic requirements for an employer trying to claim...more

Littler

DOL Opens the Door for Staffing Firms to Exempt Workers from Overtime as “Retail or Service Establishments”

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On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i).  Prior to May...more

Stinson - Government Contracting Matters

Government Contractors Susceptible to Increased Liability as Joint Employers After Court Strikes Portions of DOL’s New...

On September 8, 2020, Judge Gregory Woods in the United States District Court for the Southern District of New York struck down the majority of the U.S. Department of Labor’s (DOL) “joint-employer” rule concerning what it...more

Perkins Coie

NY Court Strikes Down Significant Portions of DOL’s Final Rule Defining Joint Employment Scenarios Under FLSA

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The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more

ArentFox Schiff

Southern District of New York Partially Vacates Department of Labor's Joint Employer Rule

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It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefit another person – B. (Under the FLSA, “person” means “any individual, partnership, association, corporation, business...more

Foley & Lardner LLP

Joint Employer Rule Struck Down

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Last week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more

Franczek P.C.

DOL’s Joint Employer Test Ruled Illegal

Franczek P.C. on

On September 8, 2020, the United States District Court for the Southern District of New York struck down portions of a January 2020 Final Rule issued by the Department of Labor. The Final Rule provided a new test for...more

FordHarrison

DOL's Pass Intercepted: Court Strikes Down Narrow Definition of Joint Employer

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A federal court judge in New York has invalidated the Department of Labor (DOL)’s Final Rule that narrowly interpreted joint employer. ...more

Morgan Lewis

New York Court Vacates DOL’s Joint Employer Rule

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Judge Woods of the US District Court for the Southern District of New York on September 8 vacated the US Department of Labor’s new test for joint employment, which focuses only on the putative joint employer’s right to...more

BakerHostetler

Ninth Circuit Finds No Right of Contribution or Indemnity Under the FLSA

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Joint or single employer liability has gotten a lot of attention in recent years, where a company is held responsible for the employment obligations of a sufficiently interrelated contractor or corporate entity. ...more

Littler

Temporary Worker FFCRA Leave Rights and Joint Employer Challenges

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The tsunami of new employment laws and regulations in the last two months has challenged employers and human resources professionals, created a host of new employee rights, and caused many bouts of compliance head-scratching....more

Tonkon Torp LLP

New DOL Guidance On Joint Employers, Summer School Closures, And Domestic Workers

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The Department of Labor (DOL) released new Q&A guidance (questions 89-93) regarding the Families First Coronavirus Response Act (FFCRA). Among other things, the guidance provides new insight on various coverage issues...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

School’s Out for Summer But Is FFCRA Leave? DOL Updates its FFCRA Q&As

On May 7, 2020, the U.S. Department of Labor (DOL) posted additional updates to its Families First Coronavirus Response Act: Questions and Answers (Q&As). Among other topics, the DOL Q&As address temporary placement agencies,...more

Fox Rothschild LLP

Staffing Company Cannot Avoid FLSA Liability For Doctored Time Records by Blaming Its Agent

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What gets a lot of employers into trouble is the failure to keep accurate records. Or worse, the actual falsification of records or knowingly keeping and maintaining inaccurate records. ...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

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NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Foley Hoag LLP

NLRB Issues Narrowed Joint Employer Rule

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February 25, 2020, the National Labor Relations Board (NLRB) released the final version of its new joint employer rule, which limits the circumstances in which franchisors and businesses that use employees hired by third...more

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