I recently blogged about this possibility and now it has come to fruition. The House of Representatives has passed a proposal to walk back the Obama USDOL initiative to expand
Continue Reading Save Local Business Act Passes House: Legislative Narrowing of a Judicial Doctrine
Joint-Employer Status
House Republicans Introduce Joint Employer Legislation To Overturn Browning-Ferris
By Mark Tabakman on
The joint employer possibility is a dangerous one for employers, as two related (or semi-related) entities may be held liable for overtime monies if the hours worked by employees at…
Continue Reading House Republicans Introduce Joint Employer Legislation To Overturn Browning-Ferris
Is There, Or Will There Be, Erratic Enforcement of the FLSA Under Trump?
By Mark Tabakman on
The President has not yet nominated an Administrator for the DOL Wage and Hour Division and the new Secretary of Labor, Alexander Acosta, has not named a political adviser to…
Continue Reading Is There, Or Will There Be, Erratic Enforcement of the FLSA Under Trump?
Secretary of Labor Rescinds Two Administrator Interpretations: Does it Make A Difference?
By Mark Tabakman on
The Obama DOL had issued two so-called “white papers” one on independent contractor status (Administrator Interpretation No 2015-1).and the other on joint employer status (Administrator Interpretation No. 2016-1). These documents…
Continue Reading Secretary of Labor Rescinds Two Administrator Interpretations: Does it Make A Difference?
Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So!
By Mark Tabakman on
I am a big believer in the importance of USDOL Opinion Letters because they show the thinking of the agency and how it interprets various provisions of the Fair Labor…
Continue Reading Under Acosta, Maybe DOL Opinion Letters Will Make A Comeback: I Hope So!
Franchise Store Hit With Class Action: Can The “Parent” Be Brought In?
By Mark Tabakman on
I have blogged about many off-the-clock cases; they can be troublesome to defend, especially in the absence of accurate time records. Another example has emerged. Three former employees of…
Continue Reading Franchise Store Hit With Class Action: Can The “Parent” Be Brought In?
USDOL Issues Joint Employer Guidance: More Enforcement Coming Down The Pike!
By Mark Tabakman on
There exists already a doctrine of joint employer law under the Fair Labor Standards Act, Now, the USDOL wants to make it easier for two (or more) entities to be…
Continue Reading USDOL Issues Joint Employer Guidance: More Enforcement Coming Down The Pike!
New FLSA Joint Employer Test Enunciated By Third Circuit—Good News For Employers!
By Mark Tabakman on
When employees work for two ostensibly independent employers, and the aggregate hours worked exceeds forty, overtime must be paid if the employers are “sharing” the employee or both deriving benefits…
Continue Reading New FLSA Joint Employer Test Enunciated By Third Circuit—Good News For Employers!
The Relationship Between The Joint Employer Doctrine and The Motor Carrier Exemption
By Mark Tabakman on
In a recent lawsuit, a group of truck drivers filed a FLSA collective action against their employer, which was a leasing company and the trucking company to which they were…
Continue Reading The Relationship Between The Joint Employer Doctrine and The Motor Carrier Exemption
Joint Employer Finding Can Lead To Significant Liability Under The FLSA
By Mark Tabakman on
In a September 16, 2010 posting in the New York Labor & Employment Report, John Ho wrote about the issue of joint employer status under the Fair Labor Standards Act…
Continue Reading Joint Employer Finding Can Lead To Significant Liability Under The FLSA