Fisher Phillips’ Wage and Hour Team Fields Questions on DOL’s Joint Employer Rule
In interviews with Business Insurance and HR Dive, Marty Heller, Atlanta partner in the firm’s national Wage and Hour practice, breaks down the Department of Labor’s (DOL) regulations on joint employer liability under the Fair Labor Standards Act (FLSA). Set to take effect March 16, 2020, the rule largely adopts the “four-factor balancing test” while clarifies an employee’s “economic dependence” on an employer does not determine whether it is a joint employer. Heller says, “It’s a qualified positive for employers, but there’s still some ambiguity in the rule. I think that’s going to lead to a significant period of lawsuits.” He recommends that employers re-evaluate their relationship with third parties over whom they have control of their employees.