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Avoiding Joint Employer Issues Under Uncertain Standards

Law360 (June 7, 2019, 3:15 PM EDT) -- It is increasingly the pattern in Washington, D.C., that the latest administration seeks to upend some of the employment legal rulings put in place by the last administration. The joint employer standard is no different. For many years, courts and agencies at all levels have grappled with defining the standards used to determine when a joint or co-employer may exist alongside the nominal employer. At the federal level, when legislative efforts were unsuccessful, the last administration changed the rules by administrative action.

Not surprisingly, the new administration is seeking to reverse these changes. This article outlines the current scorecard with these...

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