Could It Be A Game Changer? Joint Employers and the Fair Labor Standards Act©

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On January 20, 2016, the United States Department of Labor’s Administrator, David Weil, issued his first Administrative Interpretation (“AI”) of 2016. The AI addresses the liability for overtime violations under the Fair Labor Standards Act (“FLSA”) in joint employment relationships that exist in a variety of workplaces today, defines the difference between the different types of joint employment relationships, and cites the historical application of the joint employer test.

If your business does not use a contract staffing firm, a temporary staffing agency, own related businesses at which employees work in both, or share employees with any other business, joint employer liability under the FLSA may not be of concern to your business. However, if any of the above examples apply to your business, then the AI should be of concern or at least of interest.   Read More…..

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