Joint Employer Archives - Kollman & Saucier P.A.

Joint-Employer Rule Faces Early Legal Hurdle

Kollman & Saucier

11/16/2023

In September 2022, the National Labor Relations Board (NLRB) proposed a new rule to determine joint-employer status. The new rule, adopted in October 2023, will take effect on December 26, 2023, and be applied prospectively.[1] One of the more controversial aspects of the new rule is that it removes the requirement that a putative employer actually exercise control over those essential terms and conditions of employment.[2] In fact, an employer...

Kollman & Saucier

10/26/2023

Agency Activity, Joint Employer, Labor Law, Legal Developments, NLRB

The National Labor Relations Board (NLRB) released today its Final Rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). The NLRB press release states: Under the new standard, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees’ essential terms and...

Kollman & Saucier

04/19/2023

Agency Activity, Joint Employer, Labor Law

In September 2022, the National Labor Relations Board (NLRB) issued its proposed rule on the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This rule, which is a return to the Obama-era standard, states entities are joint employers if they "share or codetermine those matters governing employees' essential terms and conditions of employment." Significantly, under this rule, the authority alone to...

Kollman & Saucier

02/26/2020

Joint Employer, NLRB

Last month, as we reported, the Department of Labor (DOL) issued a Final Rule on the proper interpretation of joint employers within the meaning of the Fair Labor Standards Act (FLSA). Now, the National Labor Relations Board (NLRB) has followed suit and today announced its Final Rule on Joint Employer Status Under the National Labor Relations Act (NLRA). The NLRB has removed itself from the liberal interpretation it has afforded the...

Vincent Jackson

01/21/2020

Agency Activity, Joint Employer, Wage & Hour

On January 16, 2020, the U.S. Department of Labor (DOL) issued a final rule that will significantly revise its longstanding interpretation of joint employer status under the Fair Labor Standards Act (FLSA). This update marks the first substantive change to the federal regulation concerning joint employer status (29 CFR Part 791) in over 60 years, and provides a new framework for assessing joint employer status when an employee performs work for...

Kollman & Saucier

06/08/2016

Employment Discrimination, Joint Employer, Legislative Developments, Sex Discrimination, State Law

On May 19, Governor Hogan signed into law the Equal Pay for Equal Work Act of 2016. The law, which takes effect on October 1, 2016, amends the state’s existing wage discrimination law in several significant ways. Changes that Protect Employees There are several notable changes in the amendment that give broader protections to employees, including: Prohibiting pay discrimination because of gender identity. LGBT employees are now explicitly...

Kollman & Saucier

01/22/2016

Agency Activity, Employer Liability, Joint Employer, Wage & Hour

Earlier this week, the Wage and Hour Division (WHD) of the Department of Labor issued an Administrator's Interpretation No. 2016-01 (AI) on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Seasonal Agricultural Worker Protection Act (MSPA). The guidance reconfirms existing WHD policy, which identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance....

Kollman & Saucier

11/20/2015

Employer Liability, Employment Discrimination, Joint Employer, Temporary Workers

The Third Circuit has joined the list of other federal courts (including the Fourth Circuit which covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina) that have held that Title VII applies to claims raised by the temporarily assigned worker against the company operating the work site where assigned. In other words, Title VII applies to temporary employment. In Faush v. Tuesday Morning, Inc., No. 14-1452, (3d Cir. Nov....

Kollman & Saucier

07/17/2015

Employer Liability, Joint Employer

In Butler v. Drive Automobile Industries of America, Inc., the Fourth Circuit joined seven (the Second, Third, Sixth, Seventh, Ninth, Tenth, and Eleventh) other federal appellate courts in holding that multiple companies can each be the "employer" of the same employee under Title VII. In Butler, the appellate court concluded that Drive Automotive was the joint employer of a former factory worker who was hired through a temporary staffing agency,...

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Joint-Employer Rule Faces Early Legal Hurdle

NLRB Issues New Joint Employer Rule

New NLRB Joint Employer Rule Coming This Summer

NLRB Issues Final Joint Employer Rule

DOL Issues New Guidance On Joint Employment

Maryland Significantly Changes Pay Discrimination Law with Equal Pay for Equal Work Act of 2016

More On Joint Employer Status From The Department Of Labor

Temporary Workers Entitled To Title VII Protections

Fourth Circuit Holds Hiring Through Temp Agency Does Not Evade Title VII

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Category: Joint Employer

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