The past few weeks have brought us a flurry of activity from
federal agencies poised to re-shape the employment landscape, from
upending traditional notions of the employment relationship to
re-defining what it means to engage in unlawful retaliation. Now,
as the dust settles, we will take a look at each of these
administrative actions in this four-part series.
In this first installment, we discuss an Administrator's
Interpretation (Interpretation) issued by the U.S. Department of
Labor (DOL) concerning joint employment under the Fair Labor
Standards Act (FLSA) and the Migrant and Seasonal Agricultural
Worker Protection Act (MSPA). The Interpretation is perhaps most
impactful for companies that rely on third-party contractors, such
as staffing agencies, to regularly provide services outside of the
companies' core businesses. According to the DOL, such
companies are likely no longer shielded from employment-related
liability merely by their use of third-party
