Department of Labor Issues New Guidance On Determining Joint-Employer Status

The Wage & Hour Division (WHD) at the U.S. Department of Labor (DOL) has issued an Administrator’s Interpretation (AI) 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 is unknown how much deference court will accord such sub-regulatory guidance, the WHD will likely use the AI as justification for charging a greater number of employers with violations of these statutes on the ground they are joint employers with the offending entity.

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