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Expert Analysis

Courts' Deference To DOL Joint Employer Rule Is Up In The Air

By Alexander Passantino and Kevin Young (January 21, 2020, 4:32 PM EST) -- On Jan. 12, the U.S. Department of Labor announced its final rule clarifying the issue of joint employment under the Fair Labor Standards Act. The final rule adopts a four-factor balancing test and rejects various factors that have fueled recent litigation, such as the potential employer's business model or its unexercised power over the worker....

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