3rd Circ. Creates Joint Employer Test For FLSA Cases

By Abigail Rubenstein (June 28, 2012, 7:11 PM EDT) -- The Third Circuit on Thursday established a new test for determining a joint employer relationship under the Fair Labor Standards Act and then concluded that Enterprise Holdings Inc. was not an employer of its car rental subsidiaries' assistant managers under the new standard.

The assistant managers, who claim they were improperly classified as exempt from overtime pay, turned to the Third Circuit after the judge overseeing a multidistrict litigation against Enterprise — formerly known as Enterprise Rent-A-Car Co. — and several of its subsidiaries granted summary judgment to Enterprise on the grounds that it was not the plaintiffs' joint employer under...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!