The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act.
Recall the drama of the Trump administration's narrower definition of a joint employer for wage purposes, followed by the Biden administration's almost immediate rescission of that rule.
Gig economy workers have battled about overtime and their entitlement to it under the FLSA's definitions. But does the joint employer doctrine also apply to other employment laws?
Most certainly — but how it does is not all that clear.
The U.S. Court of Appeals for the Second Circuit recently handed down a decision that brings the joint employer analysis into the world of claims involving Title VII of the Civil Rights Act.
We all know that the FLSA focuses on the proper payment of wages to employees, while Title VII prohibits discrimination against employees on the basis of protected statuses such as race, sex and national origin.
Title VII also protects employees from being retaliated against for claiming discrimination.
In Felder v. United States Tennis Association,[1] a guard who worked for a security company providing services to the USTA filed a retaliation claim against the association claiming that it should be held as a joint employer.
Sean Felder alleged that the USTA improperly affected his work environment by denying him credentials to work at the U.S. Open.
While the Second Circuit ultimately held on March 7 that he did not meet his burden of showing...
Philippine National Police (PNP) Chief PLtGen. Jose Melencio Nartatez, Jr. PNP PIO MANILA, Philippines — The Philippine National Police (PNP) on Monday, April 6, said it will pursue criminal charg...