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U.S. DOL Joint Employer Guidance

Do you use or supply temporary or contract labor? If yes, take time to review the new guidance by the U.S. Department of Labor on FLSA (Fair Labor Standards Act) and MSPA (Migrant Seasonal Agricultural Worker Protection Act) with a specific focus on Wage and Hour. Client companies make sure your staffing suppliers are aware of this guidance and especially aware of Wage and Hour law. Here are some important points from the guidance:

The DOL writes:

In order to analyze whether horizontal joint employment may exist, WHD will apply its current joint-employment regulations and examine factors such as:

who owns the potential joint employers (i.e., does one employer own part or all of the other or do they have any common owners);

whether the potential joint employers have any overlapping officers, directors, executives, or managers;

whether the potential joint employers share control over operations (e.g., hiring, firing, payroll, advertising, overhead costs);

whether the potential joint employers’ operations are inter-mingled (for example, whether there is one administrative operation for both employers, or whether the same person schedules and pays the employees regardless of which employer they work for);

whether one potential joint employer supervises the work of the other;

whether the potential joint employers share supervisory authority for the employee;

whether the potential joint employers treat the employees as a pool of employees available to both of them;

whether the potential joint employers share clients or customers; and

whether there any agreements between the potential joint employers.

Read the entire article “U.S. DOL Issues Guidance on Joint Employment Under the FLSA and MSPA” here

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