Eversheds Sutherland 11th Circuit Business Blog
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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...