I have many clients that use staffing/temporary agencies for securing personnel. The danger lurking in these relationships is that the two entities (staffing company and client) may be found to
Continue Reading Staffing Companies and Their Clients: A Possible Disaster Brewing Because Of Independent Contractor MisclassificationWhen two entities are a joint employer, or could be deemed as such, they must aggregate the hours worked by employees at each facility in a given week. If those
Continue Reading Joint Employer Doctrine At Issue In Texas FLSA Overtime Class Action: The Warning Signs!
When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer
Continue Reading New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?
I do a lot of prevailing wage defense, both of general contractors and subcontractors on construction projects. A difficult, very nuanced, very gray area of the law. One danger that
Continue Reading In Prevailing Wage Cases, Going Upstream Just Got Easier, At Least In New York: A Coming Trend?
I have commented, as many others, that the Biden USDOL will be far more employee friendly and protective of employee rights. More proof has arrived. The President has nominated David
Continue Reading David Weil To Head Up Wage Hour Division At USDOL: An Indicator Of Things to Come.
In FLSA cases, plaintiff lawyers are always looking for a deep pocket and one of the avenues they use towards this “goal” is the joint employer doctrine. That doctrine allows
Continue Reading FLSA Joint Employer Doctrine At Issue In Health Care Industry Overtime Class Action: A Warning To That Industry!
The USDOL has finalized its new rule concerning when two entities can be deemed a joint employer and therefore liable for each other’s wage violations. Under the Obama administration, the
Continue Reading The New USDOL Joint Employer Test Makes It Easier to Avoid Such Status
The whole trick for a plaintiff (and his lawyers) in a FLSA collective action case is to try to get conditional certification. Once that happens, the stakes automatically escalate for
Continue Reading Joint Employer Angle Gives Interesting Twist to FLSA Truck Driver Collective Action
The USDOL has proposed a new cut-down (watered down?) test for determining when entities are a joint employer. Such a finding leads to the aggregating of employee hours which are
Continue Reading The USDOL And The Joint Employer Doctrine: The Saga Continues