Daily Document Update: HR Compliance Library, ¶46,004, Proposed joint employer rule includes 4-factor test: hiring and firing, supervision and control, payment, and recordkeeping - AGENCY REGULATION, (Apr. 2, 2019)

摘要

Noting it has not meaningfully revised its joint employer regulation since 1958, the Labor Department has announced via press release a proposed rule to revise and clarify the responsibilities of employers and joint employers. The FLSA allows joint employer situations where an employer and a joint employer are jointly responsible for the employee’s wages. DOL proposes a four-factor test to consider whether the potential joint employer actually exercises the power to: 1. Hire or fire the employee; 2. Supervise and control the employee’s work schedules or conditions of employment; 3. Determine the employee’s rate and method of payment; and 4. Maintain the employee’s employment records.