Articles and Blogs

Joint Employment

Health Care Industry Still Being Targeted in Class/Collective Action Wage and Hour Litigation


Posted on July 12, 2018 in HR Insights for Health Care

Published by: Hall Render

A multi-facility health care employer, with subsidiary facilities in Pennsylvania and New Jersey, has been named in a class/collective action lawsuit filed in Pennsylvania federal court for allegedly failing to pay its employees adequate overtime under both federal and state wage and hour laws. Plaintiff’s Allegations The plaintiff, a non-exempt (i.e., hourly) medical lab... READ MORE

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DOL “Suffers and Permits” Broad Interpretation of “Joint Employment”


Posted on January 21, 2016 in HR Insights for Health Care

Written by: Stephen W. Lyman

On January 20, 2016, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) released Administrator’s Interpretation an  concerning joint employment under the Fair Labor Standards Act (“FLSA”). The interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly and severally liable for compliance. It provides... READ MORE

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Joint Employment – NLRB Broadly Redefines the Standard


Posted on August 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

In a highly anticipated decision, the NLRB has restated and redefined the standard for determining when employers will be found to be joint employers for purposes of the National Labor Relations Act (“NLRA”).  The NLRA governs labor management relations in the private sector.  This three-to-two decision applies long-established principles to find that two or... READ MORE

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