HRW Alert: DOL Sets Standards for Assessing Joint Employment under the FLSA and MSPA

By Michael Birch   January 22, 2016

On January 21, 2016, the Department of Labor’s Wage & Hour Division (WHD) issued an Administrator’s Interpretation setting broadened standards for determining joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). 

When joint employment exists, the employee’s hours worked for all of the joint employers are aggregated and considered as one employment, including to determine whether overtime pay is due.  Additionally, all of the joint employers are jointly and severally liable for compliance and financial recovery of wages.  The Administrator’s Interpretation indicates that WHD will increasingly seek to hold companies liable as joint employers.  Employers are, therefore, encouraged to review their potential status as a joint employer.  For more information, click here to download a copy of our full alert.

Employers with questions or concerns regarding joint employer issues can contact Mike Birch at or 617-348-4359.

Thank you for reaching out to contact Hirsch Roberts Weinstein LLP (“the Firm”). Before you send your message, we wanted to make sure you are aware of the following. Please do not send any confidential information in response to this link. Sending an e-mail to the Firm or any of its attorneys does not give rise to an attorney-client relationship, and will not be deemed to disqualify the Firm from undertaking any engagement for a current or future client. Before any attorney-client engagement may be formed, the Firm will need to check for possible conflicts of interest, you will need to consider whether you wish to retain the Firm as counsel, and we will need to consider whether we wish to accept the potential engagement. In the meantime, the Firm reserves the right to represent parties with interests adverse to you.

Accept Decline