Posts tagged joint employment.
In a much anticipated move, the Wage and Hour Division of the US Department of Labor released its Notice of Proposed Rulemaking clarifying the joint employment analysis under the Fair Labor Standards Act. The proposed regulation provides that you may not be found to be a joint employer unless you (directly or indirectly) actually exercise control over the employee, relying upon a new four-factor test.
USDOL has announced that it does not expect to address the FLSA white-collar exemptions (the so-called “overtime rule”) until March 2019 and has slotted "joint employment" for December 2018 instead.
Proposed Regulations, Wage and Hour, Wage/Hour LawsTags: exemption regulations, FLSA, joint employee, joint employer, joint employment, new wage-hour regulations, NPRM, proposed regulation, proposed regulations, U.S. Wage and Hour Division, USDOL Wage and Hour Division, Wage & Hour, Wage and Hour, Wage and Hour Division, wage-hour exemptions, wage-hour law, Wage/Hour Laws
USDOL's recent Field Assistance Bulletin outlines the factors to be considered when the agency is evaluating independent contractor status.
Wage and Hour, Wage/Hour LawsTags: "employer", Employee, employee status, employer status, employment, enforcement, Fair Labor Standards Act, FLSA, FLSA enforcement, independent contractor, Independent Contractors, joint employee, joint employer, joint employment, USDOL, USDOL Wage and Hour Division, Wage & Hour, Wage and Hour, Wage and Hour Division
The U.S. Department of Labor has withdrawn two "Administrator Interpretations" dealing with joint-employment and independent-contractorship under the FLSA and other laws the agency enforces.
The U.S. Labor Department has released Administrator Interpretation No. 2016-1, dealing with concepts of "joint employment" under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.
Employee Status, Employer Status, Government EnforcementTags: FLSA, Fair Labor Standards Act, Administrator Interpretation No. 2016-1, joint employment, joint employer, joint employee, fissured, fissured industry, vertical joint-employment, horizontal joint-employment, economic reality, economic realities
The U.S. Labor Department continues its enforcement initiative targeting hotels and motels.
Recent developments underscore that the U.S. Labor Department is on the lookout for opportunities to tie together all participants in collaborative business arrangements.
Compliance, Enforcement, Government EnforcementTags: fissured industries, fissured industry, Hospitality, construction, food retailing, joint employment, enforcement, hotels, contractors, subcontractors, vendors, suppliers, franchisees, franchises
The U.S. Labor Department's investigative focus on some of the nation's preeminent homebuilders is simply a reflection of the administration's longstanding interest in construction as a so-called "fissured industry".
Compliance, Employee Status, Employer Status, Government Contracts, Government Enforcement, Independent Contractor, Prevailing Wage/Fringe BenefitsTags: homebuilders, homebuilder, FLSA, Fair Labor Standards Act, investigation, U.S. Labor Department, joint employment, enterprise, PulteGroup, KB Home, D.R. Horton, fissured, fissured industries, fissured industry, independent contractor, enterprise coverage, Wage and Hour Division
Industry- and sector-wide FLSA compliance initiatives were a recurring theme during a recent Washington, D.C. "Stakeholder Forum" conducted by the U.S. Labor Department's Wage and Hour Division.
Compliance, Employee Status, Government EnforcementTags: Hospitality, initiatives, joint employment, industry, sector, enforcement, construction, hotels, contractors, subcontractors, franchisees, franchises, fissured industries, fissured industry, fissured