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ARTICLE · 21 JANUARY 2016

DOL Issues Guidance On Joint Employment Under FLSA

Littler Mendelson
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Whether an employer is deemed a joint employer has significant repercussions for liability purposes, particularly with respect to wage and hour law.

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
Michael Lotito
Michael Lotito
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The Department of Labor's Wage & Hour Division (WHD) has issued an Administrator's Interpretation (AI)1 establishing new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). While it remains to be seen how much deference will be accorded such sub-regulatory guidance,2 the WHD will likely use the AI as justification for charging a greater number of employers with violations of these statutes on the grounds they are joint employers with the offending entity.

Whether an employer is deemed a joint employer has significant repercussions for liability purposes, particularly with respect to wage and hour law. As noted in the AI:

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