In the first of a series of Special Briefings by Employment Law Daily, Senior Employment Law Analyst Lorene D. Park summarizes key developments in the evolution of employment relationships, including the not-so-basic question of who may be considered an “employer” liable for violations of Title VII, the FLSA, and other labor & employment laws.
Highlights of this Special Briefing include:
• “Joint employment,” including the NLRB’s shifting position and the Hy-Brand opinion, as well as variations in the right-to-control, economic realities, and “hybrid” tests for who is a “joint employer” under the FLSA, Title VII, or other labor & employment laws.
• The “gig economy” and lessons from recent decisions in cases against Uber.
• Franchisor liability for franchisee violations, with examples of the type of control necessary for liability (e.g., more than just logos or training) and ways to reduce risk.
• Successor liability, including the importance of notice and continuity of operations, the successor bar doctrine and bargaining rights, and cases under the ADA and WARN Act.
• Others who might be liable as “employers” under the FMLA and other federal laws, such as corporate parents, owners, supervisors, and HR managers.
• Interns, trainees, and the Glatt “primary beneficiary” test for whether a student worker is also an “employee” protected by the FLSA.
The Special Briefing also provides suggestions on how businesses can, given the changing realities of the workplace, reduce the risk of liability under federal employment laws for sexual harassment, discrimination, retaliation and more.
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