Who’s the Boss? The Joint Employer Tug-Of-War Continues

The “joint employer” test, which determines which organizations are liable for employee discrimination, wage and hour, and labor law claims, has in many ways resembled a game of legal “Whack-A-Mole” over the years. Indeed, earlier this year, the test to determine who is considered an “employer” was adjusted by the National Labor Relations Board (“NLRB”) to a framework that favored employers – a significant change for businesses who rely on staffing agency arrangements or a franchise model
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