Joint Employer Liability in the Wage and Hour Context: the Continued Fallout of the NLRB Browning-Ferris Decision, the Latest DOL Guidance, California Law Nuances, Mitigating Risk of Joint Employment Liability, and ​Defeating Joint Employment Allegations in Litigation

September 27, 2016 10:55am

Linda M. Doyle

McDermott Will & Emery

  • The fallout of the NLRB’s redefinition of “joint employer” in Browning-Ferris, and the decision’s implications on franchisor/franchisees, sub-contractors, and other businesses that use outsourcing or staffing agencies to supply their workers
  • The latest DOL guidance; how will this pan out after the DOL has its say?
  • What far reaching impacts will this have on business practices, transactions and litigation? What impacts are already being seen?
  • What industries are being targeted?
  • What litigation trends are being seen?
  • Advising clients to review their policies, procedures, business relationships and practices to limit their potential exposure to wage and hour claims based on a joint employer theory
  • Carefully examining contractual relationships with third-party employers to determine whether changes can be made to those agreements to reduce the risk of joint employer liability
  • The “red flag” issues that can lead to joint employer liability
  • Tips, strategies and best practices for avoiding and defending against these claims
  • Defeating joint employment allegations early in employment litigation
  • Attacking these claims at the pleading stage
  • Discovery strategies