DOL’s Proposed Regulations on Joint Employer: Hot Buttons to Consider
On April 1, 2019, the U.S. Department of Labor (DOL) announced its proposal to update the Joint Employer Regulations in order to provide clarifications for employers when determining whether entities should be treated as "Joint Employer" under the Fair Labor Standards Act (FLSA). The Notice of Proposed Rule Making (NPRM) will abandon the current regulation's standard of "complete disassociation" between employers to avoid a joint employer determination. However, it is anticipated that once the rule is already promulgated, employers will be facing misconceptions and complexities in complying with the updated regulation.
Companies must be in the know in order to stay compliant with DOL’s proposed regulations on joint employer in order to avoid potential risk and pitfalls.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide and present to the audience an in-depth analysis of DOL’s proposed regulations on Joint Employer. Speakers will also provide best practices and strategies for this significant topic.
Some of the major topics that will be covered in this course are:
- DOL’s Joint Employer Enforcement Trends – An Overview
- Challenges and Considerations
- Notable Court Decisions
- Best Practices and Strategies
- What Lies Ahead
John Scalia, Shareholder
Greenberg Traurig, LLP
- Introduction to the regulations
- Obama era changes and where we currently are
Stephanie C. Gaston, Partner
Bradley Arant Boult Cummings LLP
- The current regulation in Part 791 and the problem with “not completely disassociated”
- The proposed four factor balancing test and the case law precedent on which it is based, including Bonnette v. California Health & Welfare Agency
- Business arrangements, agreements, and/or business practices that do not make joint employer status more or less likely
M. Scott McIntyre, Partner
Baker & Hostetler LLP
- Proposed DOL Joint Employer Rule
- Factors Under Proposed Joint Employer Rule
- DOL factors which are no longer relevant under the proposed rule.
- Status of the Proposed Rule
Who Should Attend:
- Labor and Employment Lawyers and Consultants
- Human Resource Executives
- Human Resource Managers
- Corporate Counsel
- Top Level Management
John Scalia represents employers in a broad range of employment and labor matters. John defends employers against employment discrimination, whistleblower, wage and hour, and other disputes in federal and state courts and private arbitration proceedings, and before the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor and equivalent state administrative agencies. He represents employers in traditional labor/union management matters, including union organizing campaigns, union elections, unfair labor practice charges, grievances, and arbitrations. He also provides employers day-to-day counseling on legal compliance and risk management issues, including personnel policies and practices, recruiting and hiring, internal complaints and investigations, misconduct, discipline and termination, leaves of absence, employment agreements and restrictive covenants, wage and hour and wage payment, employee and independent contractor classifications, mass layoffs, downsizings and restructurings, and unfair competition and trade secrets.
John Scalia represents employers in a broad range of employment and labor matters. John defends employers against employment discrimination, whistleblower, …
As an experienced counselor and litigator, Stephanie Gaston’s practice is focused on resolving labor and employment matters for private employers, public entities and nonprofits. She also represents school districts, and governmental entities. Stephanie regularly defends companies facing discrimination, harassment, retaliation, class actions, and other claims under federal, state, and local laws, including the Fair Labor Standards Act, Title VII, ADA, FMLA, USERRA, and the Texas Commission on Human Rights Act. She advises and counsels employers on minimizing the risks of litigation, developing employment policies, and drafting and enforcing employment and severance agreements, including those with non-competition, non-solicitation, and non-disclosure provisions.
As an experienced counselor and litigator, Stephanie Gaston’s practice is focused on resolving labor and employment matters for private employers, …
Scott McIntyre is an experienced litigator who provides high-level consultation to employers on sensitive internal matters and compliance concerns. He resolves complex employment, labor, employee privacy, and data security issues, as well as litigated matters in an efficient and practical manner that makes business sense for his clients, which range from large, international public companies to emerging companies and family-owned businesses. Scott's national practice encompasses the full range of employment litigation and compliance matters across multiple industry sectors, as well as counseling of union and non-union employers on litigation avoidance strategies and best practices. He is ranked by Chambers USA and Legal 500 and is a Certified Specialist in Employment & Labor Law by the Ohio State Bar Association.
Scott McIntyre is an experienced litigator who provides high-level consultation to employers on sensitive internal matters and compliance concerns. He …
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Method of Presentation:
Experience in employment law
NY Category of CLE Credit:
Areas of Professional Practice
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About Greenberg Traurig, LLP
Greenberg Traurig is a global law firm with approximately 2100 attorneys and governmental affairs professionals in 41 commercial and government centers across the United States and in Latin America, Europe, the Middle East, and Asia. Greenberg Traurig provides integrated, business-focused legal services for clients ranging from Fortune 500 corporations to innovative start-ups. The firm’s multidisciplinary teams include senior lawyers who have served as chief legal officers at major multinational companies and have spent years solving real-world problems in the business, political, and legal arenas. For additional information, please visit www.gtlaw.com.
About Bradley Arant Boult Cummings LLP
Bradley is a national law firm with a global perspective. The firm has more than 500 attorneys serving established regional, national and international companies, emerging businesses and individuals. With 10 offices strategically located across an extensive geographic base, Bradley’s attorneys serve as national, regional, and statewide counsel for clients across a wide range of industries. Clients rely on Bradley for innovative legal services that reflect a deep understanding of their business objectives.
About Baker & Hostetler LLP
Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups – its Chambers ranked Labor and Employment practice, Intellectual Property, Litigation, and Tax – the firm has nearly 1,000 lawyers located in 14 offices coast to coast. BakerHostetler is proud to build long term relationships with clients and has been doing so for the past century. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com.