tHe Joint emPLoyer ruLe: a PusH for ConsistenCy
labor & Employment law Section
Continued from page 36
of the Civil Rights Act, the Age
Discrimination in Employment
Act, and the Americans with
Disabilities Act. A proposed rule
has not yet been released.
Three federal agencies taking
action in the joint employer
realm is indicative that the Trump
administration seeks to foster
consistency through a unified
standard. For now, the
determination of “joint employers”
varies by agency, but changes in
2020 may provide some much-
appreciated clarification. n
1
Browning-Ferris Industries of
California, Inc., d/b/a BFI Newby
Island Recyclery and FPR-II, LLC,
d/b/a Leadpoint Business Services
and Sanitary Truck Drivers and Helpers
Local 350, International Brotherhood of
Teamsters, Case 32-RC-109684, 362
NLRB No. 186 at 1599 (Aug. 27, 2015).
2 The Standard for Determining
Joint-Employer Status, 83 Fed. Reg.
46681-01 (proposed September 14,
2018).
3 Joint Employer Status Under the
Fair Labor Standards Act, 85 Fed. Reg.
2820 (Jan. 16,
2020) (to be
codified at 29
C.F.R. Part 791).
Author:
Austin A.
Laurienzo -
Phelps Dunbar
LLP
Labor & Employment
Law Section
CLE/Luncheon
on January 9, the Labor & employment section
held a CLe on “recent Developments in employment
Law — fees issues and settlements.” Panelists Judge
William f. Jung, samantha swartz and John Wilcox
with the u.s. District Court for the middle District of
florida, Dennis mcClelland with Phelps Dunbar, and
Peter Helwig with Harris & Helwig discussed topics
that ranged from prevailing party fee awards and fLsa
settlement issues to recent case law developments.
MAR - APR 2020
|
HCBA LAWYER
thank you to the luncheon’s sponsor:
37