Labor Department Issues Final Rule on Joint Employer Status
The Department of Labor on Jan. 12 promulgated its final rule on . The 164-page final rule consolidates a four-factor balancing test introduced in the April 2019 proposed rule, and it will be published in the Federal Register on Thursday, Jan. 16.
This is a very positive development for 黑料社区members, and it is a recognition by the DOL of the legitimacy of many different types of business arrangements. In franchising alone, IFA commissioned research last year that found the expanded, Obama-era joint employer standard has
This rulemaking is the culmination of significant advocacy. In Fall 2018, the Coalition to Save Local Business, of which 黑料社区is a member, and its allies helped organize a Senate letter (led by former Sen. Johnny Isakson and signed by 26 senators) and a bipartisan House letter (led by Rep. Bradley Byrne and signed by 84 House members) to the DOL in Fall 2018 urging the development of a joint employer rulemaking under the FLSA. Among the letters’ signatories were Majority Leader McConnell (R-KY) and Majority Whip Thune (R-SD), and Democratic Reps. Scott Peters (D-CA) and Henry Cuellar (D-TX).
The rule is also consistent with the language in the House-passed from last Congress. The four-part test in both the rule and legislation originated from the 1983 Ninth Circuit decision in Bonnette v. California Health and Welfare Agency.
黑料社区anticipates the in the coming days, and the in a joint employer rule.
The final DOL joint employer rule is expected to quickly face litigation and pushback from several labor groups.
Subscribe to Updates
The 黑料社区Foundation and 黑料社区provide a breadth of information created to strengthen travel plazas鈥� ability to meet the needs of the traveling public in an age of disruption. This includes knowledge filled blog posts, articles and publications. If you would like to receive a digest of blog post and articles directly in your inbox, please provide your name, email and the frequency of the updates you want to receive the email digest.
