The U.S. Department of Labor’s (DOL) Wage and Hour Division has issued another document focusing on “joint employment” liability under the laws the agency enforces, in this case the Family and Medical Leave Act (FMLA). The FMLA fact sheet follows close on the heels of a so-called “Administrator Interpretation” (AI) issued by DOL a few weeks ago on joint employment under the Fair Labor Standards Act (FLSA).
As is the case with the recent AI, “Fact Sheet #28N: Joint Employment and Secondary Employer Responsibilities Under the Family and Medical Leave Act” takes a decidedly expansive view of joint employment liability, consistent with the “fissured workplace” theory propounded by current Wage and Hour Administrator David Weil that joint employment is an effective way to target higher-level companies that may have control over compliance despite not directly employing the workers.
Although the new FMLA Fact Sheet does not create any new obligations for employers, it does underscore DOL’s intent to use the joint employment theory as a means to expand the number of employers who are responsible for compliance with the employment laws enforced by the agency.
Members of the Equal Employment Advisory Council (EEAC) can read more here.