NT Lakis lawyers recently submitted a “friend-of-the-court” brief to the Fourth Circuit Court of Appeals in an important case regarding the proper test to apply for determining joint employer liability under the Fair Labor Standards Act (FLSA).
Our brief in Hall et al. v. DIRECTV, LLC et al., Nos. 15-1857 & 15-1858 (4th Cir.), urged the full court to review and reverse the standard adopted last month by a three-judge panel, arguing that the panel’s new test threatened to dismantle any number of beneficial outsourcing arrangements commonly used by employers, including the use of contingent staffing companies and franchisor-franchisee arrangements, and elevates the risk of nationwide litigation over who is, and is not, a joint employer under the FLSA.
A copy of our brief in Hall et al. v. DIRECTV, LLC et al. is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.