Department of Labor Announces Revised Regulations Regarding Joint Employer Status under the Fair Labor Standards Act (FLSA)
"On January 12, 2020, the Department of Labor (Department) announced a final rule to revise and update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA)."
The updated regulations put farm workers at a higher risk for wage theft and other abuses by making it more difficult to hold farmers who are considered joint employers accountable when employees are mistreated. This is especially true in cases where farmers use labor contractors to hire employees.
As legal aid attorneys who enforce the civil remedies under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), we were at least glad to know that the Department will continue to use the standards under in its MSPA joint employer regulation to determine joint employer status under MSPA.