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ARTICLE · 07 APRIL 2021

The Joint Employer Rule Continues To Develop

The Department of Labor (DOL) proposed rescinding the joint employer rule the Trump administration's DOL issued in January 2020...

United StatesEmployment and HR

The Department of Labor (DOL) proposed rescinding the joint employer rule the Trump administration's DOL issued in January 2020, which many argued would have made it more difficult to hold multiple businesses jointly liable for wage violations. The DOL is currently taking public comments on the issue, presumably in advance of issuing a new rule. At the same time, the DOL asked a federal appellate court to halt further consideration of the legality of the January 2020 rule while the rule-making process proceeds. 

Background

On January 16, 2020, the Trump Administration's DOL implemented a new joint employer rule that created tests for the two kinds of joint employment—horizontal and vertical joint employment, which we previously described here. 

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