On January 20, 2016, the U.S. Department of Labor’s Wage and Hour Division released Administrator’s Interpretation (AI) No. 2016-1 regarding joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The AI identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance. It pulls together all the relevant authorities — statutory provisions, regulations, and case law — to provide comprehensive guidance on joint employment under the FLSA and MSPA so that employers can properly analyze a potential joint employment scenario.

The Wage and Hour Division has also created a Joint Employment AI webpage, which includes the following materials:

ThinkHR will continue to monitor developments in this area.