DOL Issues Proposed Rule Clarifying Interpretation of Joint Employer Status Under FLSA
Government Affairs
On: April 05, 2019 | By: NDA
The Fair Labor Standards Act (FLSA or Act) generally requires employers to pay their employees at least the federal minimum wage for all hours worked and overtime for hours worked over 40 in a workweek. The Act contemplates the existence of joint employers who are jointly and severally liable for an employee's wages under the FLSA. The DOL's current standard determines joint employer status by inquiring whether two or more persons "are not completely disassociated with respect to the employment of a particular employee." 29 CFR 791.2. This standard, however, is not helpful for determining joint employer status where an employer suffers, permits or otherwise employs an employee to work one set of hours in a workweek, and that work simultaneously benefits another person. Read more here.
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