On January 12, 2020, the Department of Labor (DOL) announced a final rule to revise and update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA).  The DOL's announcement provides:

The final rule provides updated guidance for determining joint employer status when an employee performs work for his or her employer that simultaneously benefits another individual or entity, including guidance on the identification of certain factors that are not relevant when determining joint employer status. The effective date of the final rule is March 16, 2020.

In the final rule, the DOL:

• specifies that when an employee performs work for the employer that simultaneously benefits another person, that person will be considered a joint employer when that person is acting directly or indirectly in the interest of the employer in relation to the employee;
• provides a four-factor balancing test to determine when a person is acting directly or indirectly in the interest of an employer in relation to the employee;
• clarifies that an employee's “economic dependence” on a potential joint employer does not determine whether it is a joint employer under the FLSA; 
• specifies that an employer's franchisor, brand and supply, or similar business model and certain contractual agreements or business practices do not make joint employer status under the FLSA more or less likely; and
• provides several examples applying the DOL's guidance for determining FLSA joint employer status in a variety of different factual situations.

If you have questions, please contact S. Eric Steinle or Carole DeWald.

View Other News

March 8, 2021
New CDC Guidance For When You Have Been Fully Vaccinated

February 15, 2021
New OSHA COVID-19 Guidance

September 15, 2020
Revised FFCRA Regulations Effective September 16, 2020

August 24, 2020
OSHA's Guidance On Returning To Work

August 21, 2020
KHRC Expands Definition of "Sex" Discrimination Under the KAAD

May 1, 2020
WARN Act COVID-19 FAQs

April 7, 2020
Employer's Recordkeeping Requirements under the FFCRA

April 7, 2020
DOL Issues Guidance for the FFCRA

March 30, 2020
Health Care Providers and Emergency Responders Who May Be Excluded from FFCRA Coverage

March 30, 2020
FFCRA and Public Sector Employees

March 30, 2020
FFCRA Small Business Exemption

March 30, 2020
Families First Coronavirus Response Act: Employer Paid Leave Requirements

March 19, 2020
ADA, Rehabilitation Act, and COVID-19

March 19, 2020
Governmental COVID-19 Guidance

March 19, 2020
SBA Disaster Relief Update for COVID-19

March 12, 2020
KDHE Coronavirus Updates

March 10, 2020
KDHE offers Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease

February 28, 2020
Eric Steinle attends LTA Section of National Council of Farmer Cooperatives 2020 Annual Conference in California

February 26, 2020
Free Document Destruction

February 18, 2020
Kansas Supreme Court Travel Docket

January 17, 2020
Final Joint Employer Rule Effective March 16, 2020

January 14, 2020
Do You Have Questions About Our Kansas Courts?

September 27, 2019
New Overtime Rule Effective January 1, 2020

July 30, 2019
Mr. Shaffer 1927-2019

June 10, 2019
June is National Safety Month

June 4, 2019
Happy June 4th (1919 - 2019) 19th Amendment

May 10, 2019
Congratulations to MSSR Attorneys John Shaffer and Bill Swearer

April 25, 2019
UPDATE: EEO-1 pay data due September 30, 2019

April 16, 2019
Employers May Need to Submit EEO-1 Pay Data As Early As May 31, 2019

April 10, 2019
Miller Attends NAELA Present and Future Issues in Elder Law Conference

April 9, 2019
Notice of Proposed Rulemaking: Joint Employer Status

April 5, 2019
April 27, 2019 -- National Prescription Drug Take Back Day

April 2, 2019
April is Distracted Driving Awareness Month

March 28, 2019
DOL Issues Proposal to Update the FLSA's Regular Rate Regulations

March 18, 2019
Section 199A Guidance Coming within Weeks according to Treasury Secretary

March 14, 2019
WHD Issues New Wage and Hour Opinion Letters

March 7, 2019
DOL Issues Press Release on Overtime Update Proposal

March 5, 2019
Eric Steinle Presents “Fraud Detection and Prevention for Cooperative Boards”

February 26, 2019
Attorneys Attend Probate Best Practices Seminar

February 22, 2019
Eric Steinle attends National Council of Farmer Cooperatives 2019 Annual Conference in Scottsdale, Arizona

January 22, 2019
Carole DeWald Speaks on HR Practices and Policies

January 3, 2019
Eric Steinle Presents at Cooperative Director Development Program

March 1, 2018
We are pleased to welcome new attorneys to our firm.

September 8, 2017
Mr. Cabbage 1930-2017

April 27, 2017
NATIONAL PRESCRIPTION DRUG TAKE BACK DAY, APRIL 29, 2017

March 1, 2017
Updated Guidance for Completing Form I-9

February 20, 2017
Tax code information

March 30, 2012
Francis E. Meisenheimer Sworn In

February 29, 2012
Frank Meisenheimer Named District Court Judge

May 3, 2011
Phil Ridenour Nominated for Outstanding Service Award

April 21, 2011
John B. Swearer to Serve on KBA Board of Directors

March 18, 2011
S. Eric Steinle will present at the Central Kansas Chapter of the Society for Human Resource Management

March 18, 2011
Arlyn Miller promoted to partner

March 18, 2011
Phil Ridenour will present at ACTEC meeting in Branson, Missouri

March 18, 2011
Phil Ridenour presented a program in Junction City, Kansas

March 18, 2011
John Shaffer featured in the October 2010 issue of the Journal of the Kansas Bar Association