Labor and Employment Law Weekly Update (Week of July 18,
2011)
While it has been said that "no one can serve two
masters," in our modern society many people work for two or
more employers at the same time. This multiple employment can have
significant consequences under state and federal wage and hour laws
and other areas. Thus, without realizing it, under the Fair Labor Standards Act (http://tinyurl.com/kvq99x), an employer
may become liable financially for the unpaid or underpaid wages of
an employee, or for a discrimination claim brought by an employee
under Title VII (http://tinyurl.com/yl7jjbb) because of
the employee's connections to a second or third employer.
In managing their employment risks, employers should be aware of
the joint employment doctrine, which says that two or more related
companies may — independently and together — be
liable for the total hours of an employee who works for both of
them. Thus, the hours of an employee who works at