Tag Archives: Joint Employment

Welcome to Turkmenistan: Joint Employment Rules Rescinded, Leaving Massive Crater in FLSA Regulations

By Todd Lebowitz on July 29, 2021 Posted in Wage and Hour

No visit to Turkmenistan would be complete without a visit to the Darvaza Crater, more commonly known as the Door to Hell. This massive crater formed decades ago after a Soviet drilling rig collapsed. Roughly 40 years ago, the Soviets lit the crater on fire to burn off the methane. But Turkmenistan has some of … Continue Reading

Joint Employment Test Gets Muddied Again: Federal Court Rejects New DOL Test

By Todd Lebowitz on September 9, 2020 Posted in Department of Labor

Muddy Waters is how you want your blues, not how you want your laws. A federal district judge in New York yesterday kicked up a lot of mud in an area of the law that had finally seen some clarity – the definition of “joint employment.” Now we’re back in the muck. Yesterday’s ruling struck down … Continue Reading

Gator in Your Basement? Nope, That’s Just the NLRB Sharpening Its Joint Employer Test

By Todd Lebowitz on March 3, 2020 Posted in National Labor Relations Board

“Be careful as you go down the stairs, officer. An alligator lives in my basement.” Police in Madison Township, Ohio, last week found a 5-foot gator penned in the basement of a family home. The family said that “Alli” was a pet they’ve raised for 25 years, since purchasing him as an adorable little tot … Continue Reading

What Is Joint Employment? New DOL Rules Take Effect in 60 Days

By Todd Lebowitz on January 13, 2020 Posted in Department of Labor

This week’s post is Family Feud Style. Name Three Things That Sound Like They Would Be “Joint Employment” But Are Not: 1. Long-haired, easy-going product tester at the local wacky tobacky dispensary. 2. Note taker at an orthopedist’s office. 3. The guy on radio ads for non-approved supplements claiming to relieve joint pain who says – … Continue Reading

NLRB Makes Up More New Rules on Joint Employment

By Todd Lebowitz on July 17, 2016 Posted in NLRB

Remember that kid in elementary school who, whenever you were winning at some made-up playground game, would change the rules in the middle? “Kids can be so unfair,” your parent might have said, trying to console you. “But when you get older, there are laws and rules, and they’re written down. Everyone knows what the rules … Continue Reading

NLRB Blows Up Staffing Agency Model: Rewrites Joint-Employer Test

By Todd Lebowitz on August 30, 2015 Posted in NLRB, Staffing Agency

Boom! In a 3-2 decision, the National Labor Relations Board spontaneously redefined joint employment in a way that threatens to turn almost every company that works with a staffing agency into a joint employer for collective bargaining purposes. Throwing a gigantic bone to unions, the NLRB overturned 30 years of its own precedent to create … Continue Reading