DOL Extends Two Comment Periods

The U.S. Department of Labor (DOL) this past week extended the comment period on proposed regulations for a new joint employer standard and for the definition of “regular rate” of pay, on which overtime pay calculations are based. Notices of Proposed Rulemaking (NPRM) were published on March 29 and April 9 respectively, with final comments…

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Joint Employer Comment Period Open

The proposed DOL regulation on joint employer was officially published in the Federal Register on Tuesday of this week, triggering the start of the 60-day public comment period. The proposed joint employer regulation uses a four-part test to determine when a business should be held jointly libel for minimum wage and overtime law violations. Specifically,…

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DOL Rules on Joint Employer, Tweaks OT Again

The US Department of Labor came out with its long awaited proposed joint employer rulemaking this week and once again tweaked its regulations on overtime calculations. The proposed joint employer regulation uses a four-part test to determine when a business should be held jointly libel for minimum wage and overtime law violations. Specifically, it proposes…

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Joint Employer Comment Period Closes

At long last, the public comment period for the new joint employer regulation has finally closed. The regulation, which was first published in the federal register last September 18, was initially open for public comment only through November 18. Since that time however, the closing deadline was postponed twice until January 12, and then, caught…

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NLRB Moving Forward on Joint Employer

Despite calls for the National Labor Relations Board (NLRB) to slow its engines on rolling back the definition of joint employer, the agency appears steadfast in its determination to undo the Obama-era expansion of joint employer applicability. NLRB Chairman John Ring rejected a formal request he received from two democratic members of Congress to rescind…

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Joint Employer Comment Deadline Extended

It is apparently the deadline that never is, but the January 14 deadline for new public comments on the joint employer rule was extended again last Friday by the National Labor Relations Board (NLRB). Under the terms of this latest extension, new public comments must be received by January 28, 2019 and responses to new…

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DC Circuit Decides Browning-Ferris, sort of

On December 28th, the D.C. Circuit Court of Appeals issued its long-awaited Browning-Ferris Industries appeal decision – nearly two years after oral arguments were presented in the case. In a 2-1 split decision, the court found that BFI should not be considered a joint employer, but at the same time found that the analytical structure with which the…

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NLRB Lawyer Criticizes Joint Employer Proposal

The public comment period on a proposed new regulation from the National Labor Relations Board (NLRB) governing joint employer status remains open for another 2 weeks, but the proposal has already received some harsh criticism – from the General Counsel of the agency himself! NLRB General Counsel Peter Robb released his comments just over one…

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Joint Employer Comment Period Ends Thursday

As we’ve reported before, the extended public comment period relating proposed changes to the definition of joint employer ends next Thursday, December 13. The proposed rule was published in the Federal Register in September and was extended an additional 30 days to allow for additional comments. If any of our readers have yet to comment…

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NLRB Extends Joint Employer Comment Period

The National Labor Relations Board this week extended the deadline for public comments on its proposed joint-employer rule for an extra month. The 60-day public comment period was scheduled to end on November 13, but the agency postponed that deadline now until December 13. Public comments will be accepted until that time and until December…

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