"Joint Employer" Status in the Wage and Hour Context - A New York federal court has struck down a Final Rule from the U.S. Department of Labor (DOL) that set out a four-factor test to determine “joint employer” status,...more
The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more
Q: What does the latest decision on joint employer liability mean for businesses? A: On September 8, 2020, the United States District Court for the Southern District of New York issued a decision overturning the U.S....more
On September 8, 2020, Federal District Court Judge Gregory Woods struck down critical parts of the U.S. Department of Labor’s (DOL) new joint employer rule, which took effect in March of this year and which was intended to...more
Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more
The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more
Presidential administration transitions almost always result in policy and enforcement initiative changes at the U.S. Department of Labor (DOL). This year appears to be no different, but it is not yet clear how some recent...more
Earlier this week, the U.S. Department of Labor dropped a bit of a bombshell when it announced the immediate withdrawal of two informal guidance letters issued back when President Obama governed the executive branch. The 2015...more
The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more
The Department of Labor (DOL) recently issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)....more