Portland Partner Comments on the Impact of Proposed Joint Employer Rule Change

In the Material Handling & Logistics article “DOL Plans to Tackle Overtime and Joint Employer Issues in 2019,” Rich Meneghello comments on the proposed rulemaking opened by the National Labor Relations Board to re-establish the joint employer standard that existed before the Obama administration. According to the Department of Labor, if reversed, two companies would be considered joint employers and would be equally liable for wage and hour enforcement—only if they share or co-determine the essential terms and conditions of employment and actually exercise a right to control the employees’ work.

Rich explains, “This kind of proposal would almost certainly mean that fewer businesses would be found to be a joint employer by a court or agency.”

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