On April 1st the Department of Labor (“DOL”) announced that it would be proposing a new interpretation of joint employment under the Fair Labor Standards Act. As reported in earlier Telebriefs, the National Labor Relations Board is also concurrently dealing with this issue contrary to interpretations of joint employment under the Obama Administration’s Board interpretations.
Under the DOL’s proposed interpretation of joint employment, a secondary employer (such as a vendor of staffing services) would only be deemed to be a joint employer of an employee supplied by a primary employer if that secondary employer manifested indicia of control in four separate ways. To learn about the DOL’s proposed new interpretation, listen or read the transcript.
Questions about the Department of Labor Overtime or other topics from this past Telebrief?
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