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Joint Employer

NLRB Issues Final Joint Employer Rule

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 […]

Maryland Significantly Changes Pay Discrimination Law with Equal Pay for Equal Work Act of 2016

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, […]

More On Joint Employer Status From The Department Of Labor

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 […]

Temporary Workers Entitled To Title VII Protections

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 […]

Fourth Circuit Holds Hiring Through Temp Agency Does Not Evade Title VII

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 […]