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 […]
Your Sub-Contractor Didn’t Pay Overtime to Its Employees–and Now They’re Suing You…
Let’s suppose that you own a Crackerjack Construction Contractors. You often augment your crew by sub-contracting with Sensational Subcontractors . The arrangement has worked very well for you. Your customers pay you, then you pay Sensational. You pay your employees, and Sensational pays its employees. Everyone is seems just great. Then one day, you find […]
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 […]
Could the President-Elect Trump Recent NLRB Rulings?
Well, the results are in. The people — or rather the Electoral College– has spoken. Donald Trump will be our new President in January 2017. Many are writing and speculating about the impact a Trump presidency can be expected to have on businesses and employers. Mr. Trump will have the ability to impact several key […]
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 […]