Your company operates industrial plants. For our discussion, the specifics don’t matter much. (Work with me on this, OK?) You often need a lot of workers, so you engage staffing agencies and/or contractors and hire many of your workers through them. Your company has been sued by one of those workers, often referred to as […]
Think You’re Not Liable For Discrimination Against a “Temp”? Think Again…
Suppose you work at or own, a staffing agency. Your company provides contingent workers “temps” to companies looking to, well, temporarily, augment their workforce. Maybe your client has specific preferences as to who it hires. Maybe they prefer their workers be of a particular ethnic background or a certain age. Maybe they don’t state such […]
Is the DOL Now Going “Soft” on Joint Employers and Worker Classification?
In the past few years, under the Obama Administration we saw the definitions of “joint employment” and “employee” expand. In its Administrative Interpretation 2016-01 issued in January 2016, the DOL took the position that “[t]he concept of joint employment, like employment generally, should be defined expansively under the FLSA and MSPA.” It also differentiated between “horizontal” joint […]
The DOL, Vertical Joint Employment and You-and Why You Should Care About It…
We’re back with the US Department of Labor’s Administrative Interpretation on joint employment under the FLSA. We learned last week about horizontal joint employment. (Click here for a more complete review, and here for the overview/introductory post. ) What if you’re not a horizontal joint employer? Well, the DOL says there’s another way you could […]
The DOL Says You Might be a Horizontal Joint Employer — What?
We are back with our scintillating discussion about the US Department of Labor’s take on joint employment. Last week we established that the DOL defines “employer”, “employee” and “employment” and “joint employment” broadly, and its rationale for doing so. (Click here for review.) But wait there’s more–like how to determine if you are a joint […]