Tag: Joint Employer

EEOC Releases Fiscal Year 2018 Enforcement and Litigation Data On April 10, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) released detailed breakdowns for the 76,418 charges of workplace discrimination the agency received in fiscal year 2018. The comprehensive enforcement and litigation statistics for FY 2018, which ended September 30, 2018, are posted on the…

Ellen Kearns, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains proposed regulations clarifying joint employer status under the FLSA. On April 1, the U.S. Department of Labor (DOL) issued proposed regulations to clarify its interpretation of joint employer status under the Fair Labor Standards…

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, provides a summary of what you may have missed over the holiday break. EEOC, court kick “Onionhead” employer while it’s down A federal judge in New York ruled on post-trial motions filed by…

On September 14, 2018, the National Labor Relations Board (NLRB) announced in the Federal Register a proposed rule to return its joint-employer standard to its 1984 standard — a standard that stood until 2017. It’s returning to the days of Footloose dancing, Sixteen Candles high school sweethearts, Karate Kid champions, and the principle that a…

Question: Do temporary employees hired through an agency apply when counting to determine if an employer is covered under the Family and Medical Leave Act (FMLA)? Answer: Temporary agencies and client companies can be considered joint employers when determining whether an employer has 50 or more employees for the purpose of applicability of the Family…

In an announcement on July 29, 2014, the National Labor Relations Board’s (NLRB) Office of the General Counsel (OGC) authorized complaints against McDonald’s franchisees and determined that the corporate franchisor, McDonald’s, USA, LLC is considered a “joint employer.” The announcement said that the NLRB’s OGC had investigated charges alleging McDonald’s franchisees and their franchisor “violated…

Question: If an employee worked for us as a temporary employee through an agency, does the temp time count as time worked under the Family and Medical Leave Act (FMLA)? Answer: According to the Department of Labor, the time worked as a temporary employee does indeed count toward the 12-month service and 1,250 hour requirement.