The DOL latest move gives employers some hope that the aggressive, pro-employee enforcement agenda of the agency’s previous administration is coming to an end.
The agency announced the withdrawal of its Administrator Interpretations (AIs) on joint employers and independent contractors.
What the DOL initially said
In the Interpretation on joint employers, the DOL had taken the position that many business partnerships – including those involving staffing agencies and employers – may fall into the category of “joint employer.”
In the case of joint employers, all common businesses are liable for any FLSA violations.
With the guidance on ICs,