SimplyHR | Employment & Labor Blog 

Subscribe

Blog Editors

Topics

Archives

Posts tagged joint employer.
By Katherine Fechte, Lauren Daming on January 8, 2021 at 12:30 PM

In a year marked by federal responses to the COVID-19 pandemic, federal agencies managed to finalize some non-pandemic legal developments in 2020: the Department of Labor’s (DOL) new overtime rule and joint employer test both went into effect, and the National Labor Relations Board (NLRB) overturned a handful of Obama-era precedents. With Joe Biden’s election as president in November 2020, the coming four years will likely bring some reversal of the impact of the Trump administration, particularly on the DOL and NLRB. The 2019-2020 Supreme Court term was relatively busy for employment, including a major development for Title VII. Of course, much of the energy and resources of the federal agencies overseeing employment laws were spent on providing guidance to employers related to COVID-19 issues. Below is a summary of major federal employment law headlines from last year and a look at what employers can expect in 2021.

Facebook Twitter LinkedIn Google+ Email
By Katherine Fechte, Lauren Daming on January 22, 2020 at 10:15 AM

2020 review concept. Hand flip wood cube change year 2019 to 2020 and the word REVIEW on wooden block on wood tableThe theme for last year’s federal developments was reversal of Obama-era rules. The Department of Labor and National Labor Relations Board were especially active in this respect.

After a relatively quiet Supreme Court term for employment law in 2018-19, the stage is set for the court to rule in 2020 on highly anticipated topics. Below is a summary of major federal employment law headlines from last year and a look at what employers can expect in 2020.

Facebook Twitter LinkedIn Google+ Email
By Lauren Harris on April 4, 2019 at 9:20 AM

Three links of a chain, with the middle one being blue and the left and right one being silverOn April 1, 2019, the U.S. Department of Labor (DOL) offered a simplified test in a Notice of Proposed Rulemaking to determine whether two entities should be considered joint employers under the Fair Labor Standards Act (FLSA). The FLSA provides that two entities can be jointly and severally responsible for an employee’s wages, and thus the potential FLSA violations of either entity, if they function as joint employers. The notice sets out that the employment relationship should be determined based on a balance of four factors, specifically, whether a potential joint employer actually exercises the power to:

Facebook Twitter LinkedIn Google+ Email
By Katherine Fechte, Audrie Howard on December 15, 2017 at 11:00 AM EST

Sign shows reverse directionThe National Labor Relations Board (NLRB) on Dec. 14, 2017, overturned significant prior precedent related to its position governing workplace policies and handbooks and its joint employer standard. These decisions are significant because they reversed two previous standards that had caused numerous headaches for employers.

Facebook Twitter LinkedIn Google+ Email
By Audrie Howard on June 8, 2017 at 9:45 AM

Blocks showing employeesOn June 7, 2017, the U.S. Department of Labor (DOL) announced the withdrawal of two Obama-era guidance letters that provided guidance on joint employer and independent contractor classifications. The withdrawal of these two guidance documents marks a step toward more flexibility for employers.

Facebook Twitter LinkedIn Google+ Email

This website uses cookies to improve functionality and performance. If you choose to continue browsing this website, you consent to the use of cookies. Read our Privacy Policy here for details.