New Joint Employer Rule

Date: May 07, 2019

Related Content: Analysis Labor

The U.S. Department of Labor has proposed a NEW joint employer rule under the Fair Labor Standards Act (FLSA). If your business uses contractors or is a contractor, this rule might impact your business.

The proposed rule would do the following:

  1. Revise and clarify the responsibilities of employers and joint employers to employees in joint employer arrangements; and
  2. Propose a clear, four-factor test—based on well-established precedent—that would consider whether the potential joint employer actually exercises the power to:
    • Hires or fires the employee;
    • Supervises and controls the employee’s work schedule or conditions of employment;
    • Determines the employee’s rate and method of payment; and
    • Maintains the employee’s employment records.

NFIB is encouraging members to comment on the proposed rule, which NFIB strongly supports. Read NFIB’s Comment Letter. Comments are due by June 25, 2019. 

Submit your Comment Letter here.

Related Content: Analysis | Labor

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