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NLRB Issues Final Joint Employer Rule

Randi Klein Hyatt
Randi Klein Hyatt
02/26/2020
Joint Employer, NLRB
Last month, as we reported, the Department of Labor (DOL) issued a Final Rule on the proper interpretation of joint employers within the meaning of the Fair Labor Standards Act (FLSA).   Now, the National Labor Relations Board (NLRB) has followed suit and today announced its Final Rule on Joint Employer Status Under the National Labor Relations Act (NLRA).  The NLRB has removed itself from the liberal interpretation it has afforded the...
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DOL Issues New Guidance On Joint Employment

Vincent Jackson
Vincent Jackson
01/21/2020
Agency Activity, Joint Employer, Wage & Hour
On January 16, 2020, the U.S. Department of Labor (DOL) issued a final rule that will significantly revise its longstanding interpretation of joint employer status under the Fair Labor Standards Act (FLSA).  This update marks the first substantive change to the federal regulation concerning joint employer status (29 CFR Part 791) in over 60 years, and provides a new framework for assessing joint employer status when an employee performs work for...
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Good News and . . . Interesting News

Kollman & Saucier
Kollman & Saucier
01/04/2019
Firm News, Joint Employer, Legal Developments, NLRB
Happy 2019 to everyone! First, we begin the year with some good news: Kollman & Saucier is pleased to announce that it has been named a Tier 1 firm in Baltimore for both Employment Law – Management and Labor Law – Management by U.S. News – Best Lawyers® in 2019.  As Best Lawyers explains, its ratings are based exclusively on peer review by other attorneys within the same geographical community and legal practice areas.  Darrell...
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Maryland Significantly Changes Pay Discrimination Law with Equal Pay for Equal Work Act of 2016

Kollman & Saucier
Kollman & Saucier
06/08/2016
Employment Discrimination, Joint Employer, Legislative Developments, Sex Discrimination, State Law
On May 19, Governor Hogan signed into law the Equal Pay for Equal Work Act of 2016.  The law, which takes effect on October 1, 2016, amends the state’s existing wage discrimination law in several significant ways. Changes that Protect Employees There are several notable changes in the amendment that give broader protections to employees, including: Prohibiting pay discrimination because of gender identity.  LGBT employees are now explicitly...
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More On Joint Employer Status From The Department Of Labor

Randi Klein Hyatt
Randi Klein Hyatt
01/22/2016
Agency Activity, Employer Liability, Joint Employer, Wage & Hour
Earlier this week, the Wage and Hour Division (WHD) of the Department of Labor issued an Administrator's Interpretation No. 2016-01 (AI) on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Seasonal Agricultural Worker Protection Act (MSPA).  The guidance reconfirms existing WHD policy, which identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance....
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Temporary Workers Entitled To Title VII Protections

Randi Klein Hyatt
Randi Klein Hyatt
11/20/2015
Employer Liability, Employment Discrimination, Joint Employer, Temporary Workers
The Third Circuit has joined the list of other federal courts (including the Fourth Circuit which covers Maryland, Virginia, West Virginia, North Carolina, and South Carolina) that have held that Title VII applies to claims raised by the temporarily assigned worker against the company operating the work site where assigned.   In other words, Title VII applies to temporary employment.  In Faush v. Tuesday Morning, Inc., No. 14-1452, (3d Cir. Nov....
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Fourth Circuit Holds Hiring Through Temp Agency Does Not Evade Title VII

Randi Klein Hyatt
Randi Klein Hyatt
07/17/2015
Employer Liability, Joint Employer
In Butler v. Drive Automobile Industries of America, Inc., the Fourth Circuit joined seven (the Second, Third, Sixth, Seventh, Ninth, Tenth, and Eleventh) other federal appellate courts in holding that multiple companies can each be the "employer" of the same employee under Title VII.  In Butler, the appellate court concluded that Drive Automotive was the joint employer of a former factory worker who was hired through a temporary staffing agency,...
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