Here’s another edition of our FMLA Update – including recent DOL guidance on Joint Employment, along with links to related expert commentary. We’re also linking to a series of Fact Sheets that were updated in 2015, as well as other tools and articles we found useful.

First up, Jeff Nowak, our primary go-to resource for all things FMLA, offers this resource from the American Bar Associaion issued annually every February: ABA’s Summary of 2015 FMLA Cases an Outstanding Resource for Employers, Attorneys.  Jeff says, “This year’s report is as comprehensive as always — it summarizes 2015 FMLA decisions in a user-friendly manner and is a great reference for me throughout the year.”

Joint Employment

DOL: January 20, 2016 – Joint Employment Under the FLSA and MSPA – Joint employment exists when a person is employed by two or more employers such that the employers are responsible, both individually and jointly, for compliance with a statute. The Fair Labor Standards Act (1938) and the Migrant and Seasonal Agricultural Worker Protection Act (1983) share the same definition of employment. This definition, which includes “to suffer or permit to work,” was written to have as broad an application as possible. Under these laws, it is possible for a worker to be jointly employed by two or more employers who are both responsible, simultaneously, for compliance.
On January 20, 2016, the Wage and Hour Division released an Administrator’s Interpretation concerning joint employment under FLSA and MSPA. The interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance. It pulls together all the relevant authorities – statutory provisions, regulations, and case law – to provide comprehensive guidance on joint employment so employers can properly analyze a potential joint employment scenario.

Fact Sheet #28N: Joint Employment and Primary and Secondary Employer Responsibilities Under the Family and Medical Leave Act (FMLA) (PDF)

Employment Law & HR experts weigh in

FMLA Update: Fact Sheets Updated in 2015

July 2015

January 2015

Noteworthy FMLA articles


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