Analysis

What's Next Now That DOL's Joint Employer Rule Is Final

Law360 (January 13, 2020, 10:15 PM EST) -- The U.S. Department of Labor has finalized an eagerly anticipated rule revising its test for when two employers bear joint blame for shorting workers on pay, setting the stage for court battles about how the DOL's stance applies in wage-and-hour suits and, potentially, whether the rule can stand at all.

The so-called joint employer rule, which is set to be published in the Federal Register on Thursday, asks courts to use a four-part test to decide whether two linked firms jointly employ a group of workers. The test is meant to clarify the law for businesses concerned about incurring liability when...

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