Contingent Workers and Joint Employment

Wednesday, June 5, 2024

A recent lawsuit filed by the Labor Department against an auto manufacturer and its supplier and the supplier’s staffing company suggests a return to the controversial “fissured workplace” theory, putting employers on notice that the agency is closel

Tuesday, March 12, 2024

A federal district court in Texas has ruled that a regulation issued last year by the Biden-appointed National Labor Relations Board majority regarding whether two entities can be considered “joint” employers exceeds common law limits, and cannot be

Monday, November 6, 2023

As expected, the Biden-appointed majority on the National Labor Relations Board has signed off on a new rule that will increase the likelihood that two separate employers can be found jointly liable for violations of the National Labor Relations Act.

Wednesday, December 14, 2022

Our written comments to the National Labor Relations Board argue that its proposal to abandon the balanced test for determining joint employment liability established by the Board in 2020 will unfairly skew the law to favor joint employer findings.

Wednesday, September 14, 2022

MEMBER FEEDBACK REQUESTED. The National Labor Relations Board, now operating with a Democrat majority, has (as anticipated) published a proposed rule that would increase the likelihood of a finding that two employers are considered to be a “joint emp

Wednesday, November 17, 2021

A recent federal appeals court ruling simply confirms that industry-supported revisions to regulations governing joint employment under the Fair Labor Standards Act that were issued in 2020 by the Trump Administration have been rescinded by the Biden

Thursday, August 5, 2021

As expected, the Biden Labor Department has formally rescinded revised FLSA regulations issued by the Trump Administration that were designed to provide helpful guidance to employers and the courts on the standards that apply for determining whether

Monday, March 8, 2021

A new Labor Department regulation that would give employers helpful guidance on how to make employee/independent contractor classifications under the Fair Labor Standards Act has been put on hold by the Biden Administration. CWC urged DOL to let the

Friday, September 11, 2020

A federal trial court this week invalidated major portions of the regulations issued by the Labor Department earlier this year clarifying the test for determining joint employment under the Fair Labor Standards Act, thus taking away some of the certa

Friday, January 24, 2020

DOL’s new standard for determining joint employer liability under the FLSA recognizes the complexities of the modern workplace, and articulates a balanced test that focuses on issues that are truly relevant to the joint employment determination.

Friday, September 13, 2019

OFCCP has issued two new sets of FAQs reminding federal contractors that their selection practices are subject to the Uniform Guidelines on Employee Selection Procedures, including practices that utilize artificial intelligence.

Friday, June 28, 2019

Our comments commend the Labor Department on proposing to modernize and restore rationality to the test applied under the Fair Labor Standards Act for determining when a joint employment relationship exists.

Friday, May 31, 2019

The Trump Administration’s latest semi-annual regulatory agenda summarizes actions that OFCCP, the EEOC, and other agencies of interest to CWC members are expected to take within the next 12 months. Two new items of interest deal with the procedures

Friday, April 5, 2019

In a welcome development that should bring some clarity to determining when a joint employer relationship exists under the Fair Labor Standards Act, the Labor Department is proposing to revise current rules to restore some common sense balance to the

Friday, March 15, 2019

The second memo in our new regional series on significant state and local workplace initiatives looks at recent developments that have occurred in the Central Region. We also ask our members to let us know if you become aware of a state or local deve

Friday, February 8, 2019

CWC’s comment letter to the National Labor Relations Board strongly supports the agency’s proposed rule to restore its traditional test for determining joint employer liability, arguing that it will bring back needed clarity in the wake of a 2015 NLR

Friday, January 18, 2019

Even as the National Labor Relations Board is working on a rule that would bring back the agency’s traditional test for determining joint employment, a federal appeals court has endorsed the controversial and much more expansive test that a different

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