On January 12, 2020, the Department of Labor (“DOL”) made a revision to its rule for interpreting joint employer status under the Fair Labor Standards Act. The DOL’s revision provides guidance on joint employer status in specific situations; for example, when an employee performs work for an employer that benefits another individual. The rule identifies several factors which are relevant and are not relevant to determining joint employer status and sets forth a four-factor balancing test to determine whether an employee is acting directly or indirectly in the interest of her employer in relation to the employee.
As the revision will become effective March 16, 2020, if you would like to discuss your status as a potential joint employer, and how that may impact your policies or practices, please contact Employer lawyers at Chauvel & Glatt.
The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.