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Over the last decade, there has been a significant amount of litigation over how to determine if multiple companies are joint employers of a workforce. Joint employer status can create significant liability issues for the secondary employer in areas such as wages and safety matters. The rules governing that determination may be about to change.
Nearly four years ago, the U.S. Supreme Court held employers can enforce arbitration agreements that waive an employee’s right to join a class action lawsuit. Since then, many companies have avoided what would be costly class action lawsuits, particularly in the wage and hour context, by requiring individual arbitration with employees. Despite this, there was […]
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 3-2 decision overrules the Browning-Ferris decision, which broadened what could be considered a joint employment relationship. Under the Browning-Ferris decision, employers that had indirect—even potential—unexercised control over employees […]
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 […]
An employer and a staffing agency have agreed to pay $1.4 million in back wages and damages to resolve U.S. Department of Labor (DOL) allegations that the staffing agency created multiple companies in an effort to skirt overtime requirements.
The U.S. Department of Labor’s (DOL) new guidance on joint employment means employers must think ahead when they find themselves in relationships that may fit the definition of “joint employment.” In a January 20 post on his blog, David Weil, administrator of the DOL’s Wage and Hour Division (WHD), announced new guidance related to joint […]
The National Labor Relations Board (NLRB) has adopted a new and broader standard of what constitutes joint employment by taking a stand that abandons a long-accepted standard in favor of one the Board claims better reflects “the current economic landscape.” The new view of joint employment will bring major change not just to employers using […]
A day after the National Labor Relations Board’s (NLRB) controversial “quickie election” rule took effect, low-wage workers across the country took to the streets in an effort to boost their pay and join unions. The Fight for $15 campaign, supported by the Service Employees International Union (SEIU), set April 15 as the date for the […]
The contingent workforce is the fastest growing segment of the national workforce, with nearly three-quarters of employers using “temps,” according to a survey by CyberShift. Unfortunately, many managers think employment laws don’t apply to contingent workers. That’s dangerous. Defining ‘Contingent Workers’ “Contingent workers” are generally those who are hired through staffing firms or leasing companies […]
Defining Contingent Workers Contingent workers are generally those who are hired through staffing firms or leasing companies and whose jobs are structured to last only a certain length of time. If a company does not clearly define a “contingent worker,” who is an employee, and who is not an employee, managers may start using contingent […]