The Chartwell Chronicles: Case Law Update
Key Workforce Trends That Shaped 2022 - And What They Mean for 2023
#WorkforceWednesday: Labor Market Imbalance, Return to Work, OSHA Enforcement Guidance - Employment Law This Week®
To Be or Not To Be (an Employer)
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more
In recent years, state courts have questioned whether independent contractors can be placed under enforceable post-engagement noncompetition agreements. ...more
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
Employers should be aware that the US Department of Labor (DOL) has ramped up its scrutiny of payroll practices by staffing companies, through comprehensive audits targeted on overtime classification. Of late, the DOL...more
On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i). Prior to May...more
On September 8, 2020, Judge Gregory Woods in the United States District Court for the Southern District of New York struck down the majority of the U.S. Department of Labor’s (DOL) “joint-employer” rule concerning what it...more
The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more
It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefit another person – B. (Under the FLSA, “person” means “any individual, partnership, association, corporation, business...more
Last week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more
On September 8, 2020, the United States District Court for the Southern District of New York struck down portions of a January 2020 Final Rule issued by the Department of Labor. The Final Rule provided a new test for...more
A federal court judge in New York has invalidated the Department of Labor (DOL)’s Final Rule that narrowly interpreted joint employer. ...more
Judge Woods of the US District Court for the Southern District of New York on September 8 vacated the US Department of Labor’s new test for joint employment, which focuses only on the putative joint employer’s right to...more
Joint or single employer liability has gotten a lot of attention in recent years, where a company is held responsible for the employment obligations of a sufficiently interrelated contractor or corporate entity. ...more
What gets a lot of employers into trouble is the failure to keep accurate records. Or worse, the actual falsification of records or knowingly keeping and maintaining inaccurate records. ...more
February 25, 2020, the National Labor Relations Board (NLRB) released the final version of its new joint employer rule, which limits the circumstances in which franchisors and businesses that use employees hired by third...more
After notice of proposed rulemaking and request for comments, the NLRB released its final rule for governing joint employer status under the NLRA—which takes effect on April 27, 2020. Per the NLRB’s press release, “[t]he...more
In April 2019, the U.S. Department of Labor’s Wage and Hour Division published proposed rules dealing with the definition of joint employment under the Fair Labor Standards Act. Joint employment status means that two or more...more
For the first time in sixty years, the U.S Department of Labor is substantively revising the regulation that articulates when two people or businesses are “joint employers” of an employee under the Fair Labor Standards Act...more
Professional Employer Organizations, franchisors, business advisors, and staffing agencies should take a close look at their contracts if the Department of Labor’s proposed new standard for what constitutes a joint employer...more
Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor...more
For the past several years, the issue of joint employer status has been in a constant state of flux, creating uncertainty for employers. In an effort to clarify this issue, the Department of Labor (“DOL”) issued a proposed...more
On April 1, 2019, the U.S. Department of Labor (“DOL”) announced proposed changes to its joint-employer test. ...more
Seyfarth Synopsis: On April 1, 2019, the U.S. DOL announced a proposed rule to clarify joint employment under the FLSA. The rule would establish a four-factor balancing test for joint employer status....more
A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more
Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more