Common-Law Agency Principles, Not DOL Regulations, Dictate Whether Company Is a Joint “Employer”
Posted on Dec 20, 2016 in Administrative Law, Employment Law and Employee Benefits | Comments Off on Common-Law Agency Principles, Not DOL Regulations, Dictate Whether Company Is a Joint “Employer”
The Eleventh Circuit considered the meaning of “employer” in the context of the H-2A visa program and declined to apply Chevron deference to a then-prevailing Department of Labor interpretation. The court instead applied common-law agency principles. Garcia-Celestino v. Consolidated Citrus Limited Partnership, 2016 WL 7240150 (Dec. 15, 2016), involved claims brought by a group of...
Paymaster Is Not a Joint Employer Under Title VII or the Equal Pay Act
Posted on Aug 26, 2016 in Employment Law and Employee Benefits | Comments Off on Paymaster Is Not a Joint Employer Under Title VII or the Equal Pay Act
Companies with complex corporate structures or contractor relationships frequently face the threat of joint-employer liability under federal employment law. Just this year, the U.S. Department of Labor’s Wage and Hour Division issued guidance expansively interpreting the joint-employer doctrine under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker...