Monday, January 25, 2016

That is SO last week

The U.S. Department of Labor issued its guidance on the joint-employer relationship last week, to much fanfare.  The Administrator’s Interpretation takes a strikingly similar approach to that of the National Labor Relations Board, focusing on indirect and potential control as determining factors of whether joint employment exists.  While the DOL insists its guidance does not reflect a new interpretation of law, commentators generally believe the guidance will lead to more litigation and more employer liability.

In other developments: