Spotlight on the Expanding Employment Relationship of Joint Employers and the Fissured Workplace

January 29, 2015 11:30am

Harriet A. Lipkin
Partner
DLA Piper LLP

Nicholas Woodfield

The Employment Law Group, P.C.

  • Addressing the NLRB and Wage & Hour Division’s renewed interest in expanding the definition of “joint employer” status – what are the potential implications of this on franchisors, sub-contractors, and other similar businesses?
  • Taking a look at recent relevant lawsuits
  • Examining the theory of employment “fissuring”
  • What is the DOL saying about fissured employment relationships contributing to wage & hour noncompliance?
  • Who is responsible for all of the employment obligations under wage & hour law? Who does the DOL say is responsible?
  • Which industries are being targeted and under what circumstances?
    • Restaurants, hotels, hospitality
    • Construction
    • Retail
    • Hair salons/spas
    • Security
    • Gas station/mini-mart
    • Janitorial
  • Preparing for the new potential wave of wage & hour class claims stemming from this
  • How to best avoid these claims; how to best defend against these claims