New DOL Guidance on Joint Employment: Navigating Heightened Scrutiny and Minimizing FLSA Liability
Analyzing Horizontal and Vertical Joint Employment, Structuring Agreements With Contractors and Staffing Firms to Limit FLSA Exposure
Recording of a 90-minute CLE webinar with Q&A
This CLE course will review the far-reaching impact of the Department of Labor’s (DOL) recent guidelines greatly expanding joint-employer status. Our panel will discuss the agency’s analysis of horizontal and vertical joint employment and the factors that point to joint-employer liability for wage and hour violations, as well as offer practical and strategic approaches for structuring agreements with subcontractors, independent contractors and contingent workers to minimize the risk of employer or joint-employer liability for FLSA violations.
- Legal framework for defining employment relationship under FLSA and DOL AI 2016-1
- Horizontal joint employment
- Vertical joint employment
- Evaluating existing structure, operations, agreements and practices
- Best practices for minimizing risk of being deemed a joint employer
The panel will review these and other key issues:
- How does the DOL’s recent guidance affect the current legal standard governing joint-employer liability for FLSA violations?
- What provisions are necessary for agreements between businesses and subcontractors, staffing agencies, contingent workers, and independent contractors to avoid employer or joint-employer status?
- What are best practices for structuring and implementing revisions in existing staffing, subcontractor and independent contractor agreements to avoid a joint employment determination?
- How will the DOL’s expansive analysis of joint employment affect wage and hour liability?
Nina K. Markey
Ms. Markey represents and counsels employers in all aspects of employment and labor law in the single plaintiff and... | Read More
Ms. Markey represents and counsels employers in all aspects of employment and labor law in the single plaintiff and class action contexts, including discrimination, wage and hour, and wrongful termination claims, among others. She counsels employers on various human resources issues such as reviewing and drafting employer policies, handbooks and severance agreements. Ms. Markey regularly conducts EEOC and other compliance training sessions for employers and has taught courses on employment law at Rutgers University School of Law.Close
Kristin E. Michaels
McDermott Will & Emery
Ms. Michaels focuses her practice on labor and employment litigation and counseling. Her practice is national in scope... | Read More
Ms. Michaels focuses her practice on labor and employment litigation and counseling. Her practice is national in scope and involves representing employers in a wide range of industries. Ms. Michaels has litigated from inception through trial numerous cases before state and federal trial courts and courts of appeal, the NLRB, the DOL and arbitration tribunals. In the area of counseling, she routinely advises and trains companies on all forms of employment corporate compliance, including training on employee discipline, layoff, severance, and preparation of employee policies and handbooks.Close
Melissa C. Rodriguez
Morgan Lewis & Bockius
Ms. Rodriguez advises clients on the full spectrum of labor and employment law matters. This includes single-plaintiff,... | Read More
Ms. Rodriguez advises clients on the full spectrum of labor and employment law matters. This includes single-plaintiff, class and collective action litigation; wage and hour and other employment counseling; and traditional labor work. In her litigation practice she represents employers in individual, class and collective action litigation, and in administrative agency actions concerning federal and state labor and employment statutes. Ms. Rodriguez’ clients hail from sectors including the retail, airline, transportation, food services and financial services industries.Close