Is your company a joint employer, subject to trickier overtime compliance issues? If you don’t ask that question, employees might do it for you.

Case in point: An employee recently contacted the Department of Labor (DOL), asking for guidance on whether a restaurant and members-only club, both of which employed her, were complying with the overtime provisions of the Fair Labor Standards Act (FLSA).

Specifically, she wanted to know if the DOL considered the two entities to be joint employers. If so, her hours would need to be combined each workweek in order to determine if she’d exceeded 40 hours worked.

The DOL responded to her by issuing Opinion Letter 2025-02 on September 30, 2025.

In that opinion letter, the DOL stated the two entities were “jointly and severally liable for all aspects of compliance under the FLSA.” Of note:

State retirement mandates are expanding rapidly, creating new obligations—and opportunities—for employers. This session goes beyond compliance deadlines to uncover the bigger picture of how these programs are evolving and what...

• The restaurant and members-only club were physically connected, and
• Their ownership, management and operations appeared common.

As the employee explained to the DOL, she worked 40 hours or fewer per week, earning $28 per hour, as a dinner hostess at the restaurant. Sometimes when she was clocked in at the restaurant, she’d be directed to work in the members-only club.

Then, when the members-only club asked her to add four...

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