Compliance Stuff

The US Department of Labor just proposed a new rule to give businesses greater clarity and reduced liability around joint employer status under federal wage and hour law, and few industries will benefit as much as staffing. How the DOL defines joint employment has direct consequences on how you structure client relationships, negotiate service agreements, and manage your co-employment exposure. Here’s a quick recap of what the DOL just proposed and a staffing-specific guide for what this means for your business model. Quick Recap of New Joint Employer Proposal The DOL’s Wage and Hour Division released a proposal outlining a four-factor test to determine when two businesses are legally considered joint employers under the FLSA, FMLA, and MSPA. With no single factor being dispositive, the test examines whether: a business hires or fires the employee; supervises and controls their work schedule or conditions of employment to a substantial degree; determines their rate and method of payme...

  In a series of swift and game-changing moves, President Donald Trump summarily dismissed National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and Board Member Gwynne Wilcox late last night. While Abruzzo’s dismissal was widely anticipated, the unprecedented dismissal of Member Wilcox has raised significant procedural and policy questions for the federal labor agency in the short term and beyond . What do employers need to know about these two key moves? What Happened? Both Abruzzo and Wilcox were key figures at the NLRB under the previous administration. Abruzzo, viewed as one of President Joe Biden’s most progressive appointments, served as General Counsel – a role with broad prosecutorial discretion over labor law violations in the private sector. She pursued a more expansive view of workers’ rights, tackling issues such as restrictions on “ Black Lives Matter ” insignia,  noncompete clauses , so-called “ captive audience ” meetings, and the employment st...