At a critical moment in the simmering battle over the definition of "joint employer," the Department of Labor's Wage and Hour Division has entered the fray with an emphatic statement.
W&H has issued a proposed new rule on the subject – its first since 1958 – which seeks to cut through a growing thicket of proposals and counter-proposals from a variety of sources, chiefly the NLRB. The core principles of the new rule return the DOL's definition to one that had been the dominant understanding for decades. Under the new rule, joint employer status will be determined under a four-factor test.
Who has the authority to:
W&H has issued a proposed new rule on the subject – its first since 1958 – which seeks to cut through a growing thicket of proposals and counter-proposals from a variety of sources, chiefly the NLRB. The core principles of the new rule return the DOL's definition to one that had been the dominant understanding for decades. Under the new rule, joint employer status will be determined under a four-factor test.
Who has the authority to:
- hire or fire the employee;
- supervise and control the employee's work schedules or conditions of employment;
- determine the employee's rate and method of payment; and
- maintain the employee's employment records.