On Jan. 20, 2016, the DOL issued guidance on joint employment and liability under the Fair Labor Standards Act (FLSA) with Administrator’s Interpretation No. 2016-1.
In a joint employment relationship, one employee is considered to be working for more than one employer at the same time. Under the FLSA, joint employers are “jointly and severally liable” for wage violations. This means that an employer that is part of a joint employment relationship can be held liable for the wage violations of a secondary or intermediary employer.