Contingent Workers and Joint Employment

Memo
21-227
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joint employment under the Fair Labor Standards Act that were issued in 2020 by the Trump Administration have been rescinded by the Biden


Memo
21-155
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As expected, the Biden Labor Department has formally rescinded revised FLSA regulations issued by the Trump Administration that were designed to provide helpful guidance to employers and the courts on the standards that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


Memo
21-052
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


Memo
20-180
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


Memo
20-019
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.


Memo
19-187
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.


Memo
19-131
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.


Memo
19-110
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


Memo
19-069
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


Memo
19-050
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


Memo
19-029
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


Memo
19-013
Friday, January 18, 2019

On January 3, 2019, the five-member EEOC was reduced to two sitting members when the term of former Commissioner Chai Feldblum officially expired. Our memo explores the implications of a now quorum-less EEOC once the partial government shutdown ends


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