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Expert Analysis

Joint Employer Rules Are Developing, But Still Far From Clear

By Natalie Chan and Katherine Roberts ( April 16, 2019, 1:26 PM EDT) -- The U. S. Department of Labor recently proposed a new rule that would significantly revise its interpretation of joint employer status under the Fair Labor Standards Act. The DOL's proposed rule, the first such proposed modification in over 60 years, follows the National Labor Relations Board's issuance of a proposed rule on joint employer status, as well as recent litigation over the NLRB's controversial joint employer test adopted in Browning-Ferris Industries of California Inc. . . .

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