Department of Labor

Department of Labor Publishes Franchise Friendly Joint-Employer Rule

Executive Summary The U.S. Department of Labor released a final rule regarding the determination of joint employer status under the FLSA. The standard largely mirrors the Bonnette standard that was well-settled law for decades, but the Department of Labor’s interpretative opinion is likely to be challenged, and there is some doubt of whether it will be followed by the courts. Analysis On […]

Department of Labor Introduces Proposed Rulemaking on Joint Employer Status Under FLSA Date

Apr 1, 2019Statute TrackingDepartment of Labor, Employment Law, Federal Law, Joint Employer

Executive Summary The Department of Labor (“DOL”) submitted a notice of proposed rulemaking that would rollback the determination of joint employer status under the Fair Labor Standards Act (“FLSA”) to pre-Obama standards. In doing so, the DOL specifically recognized and addressed concerns raised by the franchise industry. Analysis On April 1, 2019, the DOL submitted a notice of proposed rulemaking […]