Employment Law This Week (Episode 65: Week of March 27, 2017) has released bonus footage of its interview with Michael D. Thompson, a Member of the Firm at Epstein Becker Green.
As Mr. Thompson discusses, the U.S. Court of Appeals for the First Circuit recently ruled that an exemption in the states overtime law is ambiguous enough to support the drivers’ overtime claim. The drivers argued that the exemption applies only to workers who pack perishable food products for distribution—and not those who actually distribute the products. On appeal, the First Circuit agreed that a missing “Oxford” comma makes the drivers’ reading of the exemption a reasonable one.
As Mr. Thompson discusses, the Department of Labor’s Wage and Hour Division issued an Administrator’s Interpretation with new guidelines for joint employers under the FLSA and Migrant and Seasonal Agricultural Worker Protection Act. The Division makes it clear that it believes employers are regularly part of joint employment relationships with their vendors and business partners. If an employee files a claim or lawsuit and a joint-employment relationship is found, both employers can be found liable for violations.