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 […]
Some Hot Employment Law Issues in 2017
Happy 2017, everyone! Well, it’s a new year, and many are wondering what’s in store in the year ahead. While I can’t answer that for each of you personally, I can provide a bird-eye view of some hot-button employment law issues which made an appearance in 2016 and on which you can assume you will […]
Now That Trump Won, Do You Still Need to Worry About Overtime Pay?
Whether or not last week’s election results surprised you, they do portend some significant changes in the near future. I doubt you need me to tell you that Mr. Trump and Mr. Obama have differing views on, well, pretty much everything. At least it seems that way. Some of the changes coming are likely to impact […]
Wait. Has Subway Just Conceded to the DOL That It’s a Joint Employer???
Doctors Associates Inc, owner and franchisor of Subway, recently entered into a voluntary agreement with the US Department of Labor. That’s nice. Or is it? That, of course, depends on what the agreement says and who is looking at it. The agreement purportedly is part of Subway’s “broader efforts to make its franchised restaurants and overall […]
Ladies and Gentlemen… The New Overtime Rules Have Arrived.
I was all set to write about a completely different, but thought-provoking topic this week. It will have to wait until next week though, because, well, how can I ignore this breaking news? What, you ask, is the breaking news that merits this change of plans? The Department of Labor published the new overtime rules […]