Department of Labor Issues Guidance on Joint Employment

Last week, the U.S. Department of Labor (DOL) issued an Administrator’s Interpretation regarding joint employment under the Fair Labor Standards Act (FLSA) and Seasonal Agricultural Worker Protection Act (MSPA).

According to the DOL, “the interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance. It pulls together all the relevant authorities – statutory provisions, regulations, and case law – to provide comprehensive guidance on joint employment under FLSA and MSPA so that employers can properly analyze a potential joint employment scenario.”

Members should contact MSEC if they are concerned about the potential for joint liability. Access the Administrator’s Interpretation and related documents at the DOL’s joint employer website, here.