DOL Expands Its Reach into the Private Sector by Broadening the Definition of “Joint Employment”

Employee Relations Law Journal Autumn 2016

Nathaniel M. Glasser, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, and Jamie F. Friedman, an Associate in the Employment, Labor & Workforce Management practice, in the firm's New York office, co-authored an article in the Employee Relations Law Journal, titled “DOL Expands Its Reach into the Private Sector by Broadening the Definition of ‘Joint Employment.’”

Following is an excerpt:

Last year, the National Labor Relations Board adopted a new test for establishing joint-employer status under the National Labor Relations Act, which affects staffing arrangements and third-party service contracts commonly used in the health care industry by broadening the test for joint employment. The Department of Labor’s Wage and Hour Division subsequently issued its Administrator’s interpretation (AI), which warns that the Department will closely monitor employers’ compliance with the Fair Labor Standards Act and Seasonal Agricultural Worker Protection Act. This article explains the AI and its impact on the health care industry.