Employment Law Newsletter: It’s 2016; Do You Know Who Your Employees Are?

The Resource (issue 64, spring 2016)

Recent guidance issued by the Department of Labor as well as an enforcement action brought by the National Labor Relations Board signify how federal agencies have been broadening the standards under which an employee may be found to be in joint employment relationship. Where such a relationship exists, two or more employers are responsible for complying with relevant employment laws with regard to that employee, even in the absence of a direct or traditional employee-employer relationship. These situations can occur in a variety of contexts, generally under circumstances where workers are borrowed or shared, or where their work benefits more than one entity.

In this issue of The Resource: A Legal Newsletter for Employers and Human Resource Professionals, L. Diane Tindall of the Wyrick Robbins Employment Law Group discusses recent administrative developments, examines the different tests for joint employment applied by the federal circuit courts, identifies potential consequences for employers—many of whom may not be aware they face exposure as the definition expands—and offers suggestions for monitoring compliance and minimizing legal risks.