I said last week that we would say goodbye to the FLSA re-visit some NLRB issues–and we will. But when I wrote that post the US Supreme Court had not published its decision in Tyson v. Bouaphakeo 577 US ____ (2016). That’s the class action lawsuit brought by workers not compensated for time spent donning and doffing […]
Heads Up: The DOL’s White Collar Overtime Exemption Rules are Coming!
Aside from its Administrative Interpretation of joint employment under the FLSA (click here , here and here for review) the DOL has been hard at work on its final rules for white-collar overtime exemptions. These would apply primarily to Administrative, Executive, Highly Compensated, and Computer Professional employees. Last year, the DOL issued proposed rules and amid […]
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 […]