USDOL Guidance Seeks to Broaden “Joint Employment”

Recently-released (Jan. 20, 2016) guidance from the Wage and Hour division of the U.S. Department of Labor expresses the view of the Department that a joint employment relationship between an employee and two or more employers should be found more frequently. Wage and Hour argues that if the relationship between the employee’s apparent employer is influenced by “economic realities” of his business relationship with the business contracting his services shows an employment relationship, and whether the business hiring the putative contractor “suffers and permits” the work of the employee who may be jointly employed by the contractor and the business hiring the contractor.

You can find a complete analysis of the Jan. 20, 2016 Wage and Hour Division guidance on the website national employment law firm Seyfarth Shaw at this link.

In addition to the above analysis, here is a link to an article on the US DOL Wage & Hour’s newly rethought interpretations of who is a joint employer written by Chris Schulte of CJ-Lake. Provided by the National Council of Agricultural Employers (NCAE).