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Employers are frequently using temporary staffing agencies to fill vacant, temporary, per diem, seasonal, and other positions. But what happens when the temporary agency isn’t complying with state law? Can the employer be liable? In a recent case, a superior court says yes.
The National Labor Relations Board (NLRB) is considering entering the long and cumbersome process of rulemaking in an effort to create a clear standard for determining what puts two or more employers in a joint-employment relationship under the National Labor Relations Act (NLRA).
Employers confused over what constitutes joint employment have seen the confusion largely cleared up, thanks to a National Labor Relations Board (NLRB) decision issued December 14.
The definition of “joint employment” may be heading for another turnaround. Legislation introduced in Congress on July 27 takes aim at a 2015 National Labor Relations Board (NLRB) decision that raised the ire of many in the business community, especially employers that work with franchisees, contractors, and staffing agencies.
The definition of “joint employment” may be heading for another turnaround. Legislation introduced in Congress on July 27 takes aim at a 2015 National Labor Relations Board (NLRB) decision that raised the ire of many in the business community, especially employers that work with franchisees, contractors, and staffing agencies. The NLRB’s 2015 Browning-Ferris decision broadened […]
When a staffing agency and a client both exercise control over an employee, the staffing agency is usually considered the primary employer for Family and Medical Leave Act (FMLA) purposes, according to the U.S. Department of Labor (DOL). As one recent court decision shows, however, that’s not always the case.
The U.S. Department of Labor (DOL) has withdrawn two major Obama-era guidance documents, one addressing joint employment and one dealing with independent contractors. The move, while not a surprise, is good news for employers, according to H. Juanita Beecher, an attorney with Fortney & Scott and editor of Federal Employment Law Insider. The Obama administration […]
Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division published an Administrator’s Interpretation addressing joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). They also released a new fact sheet on the Family and Medical Leave Act (FMLA) and joint employment.
By Susan Schoenfeld, JD In early 2016, the Wage and Hour Division of the U.S. Department of Labor (DOL) released an Administrator’s Interpretation addressing joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). In conjunction with this release, the DOL also issued a new fact sheet […]
By Susan Prince, JD, MSL, Legal Editor at BLR Sometimes, HR has to deal with joint employment. Do you know what you need to create and maintain a legal joint employment relationship? Today we’ll hear what Susan Prince, JD, MSL, and legal editor at BLR®, has to say about it. A joint employment relationship and […]