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 […]
The DOL on Joint Employment and the FLSA
Employment relationships are changing. Those changes have turned traditional assumptions about employment relationships upside down. I have written before about the phenomenon of some employers having more than one person or entity employing them at the same time, often for the same job. That is known as joint employment or co-employment. (Click here and here for a bit […]
What’s the Likely Impact of the NLRB’s Joint Employment Ruling?
We are back with our discussion of the NLRB case, Browning-Ferris Industries of California–and all the doomsday predictions that seem to come with it. Now, I don’t mean to unduly minimize any concerns about how this ruling will impact businesses. I do, however, get a bit suspicious of broad, sweeping statements. At the same time, what […]