The Wage and Hour Division Addresses Joint Employer Status

The Wage and Hour Division Addresses Joint Employer Status

On January 21st, 2016, the Department of Labor’s Wage and Hour Division (the “WHD”) released its interpretation on the joint employer question. Though the WHD’s interpretation does not address franchising specifically, it provides a worrisome structure that may have direct implications for the franchise model. In the view of the WHD, joint employment may exist when an employee of one employer (referred to as an “intermediary employer”) is also, with

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