New Labor Dept. rule clarifies 'joint employer' standard
Source: AP
By CHRISTOPHER RUGABER
WASHINGTON (AP) The Labor Department issued a final rule Sunday that clarifies when a worker is employed by more than one company, an issue that affects franchise businesses such as McDonalds and firms that have outsourced services such as cleaning and maintenance.
The rule, first proposed last spring, replaces an Obama administration policy that potentially made more businesses liable for failures by franchisees or contractors to pay overtime or minimum wages.
The issue has taken on greater importance in recent years as more Americans work for temp firms, contractors and franchises. By some estimates, roughly 14 million Americans are in such alternative work arrangements.
The new rule, which will take effect March 16, provides a four-part test to determine whether a company is a joint employer. The tests are: Whether or not it can hire or fire the employee; whether it supervises the employees work schedule; whether it sets their pay; and if it maintains their employment records.
Read more: https://apnews.com/dc8da4c4b062a61db970f40036b0ea45
progree
(10,909 posts)The Economic Policy Institute, a pro-labor group, has argued that the new rule dramatically narrows the likelihood that a company can be considered liable for overtime or minimum wage violations. It provides an incentive for companies to outsource more jobs and avoid that responsibility, the EPI said.
KPN
(15,646 posts)Just more of what theyve already been doing to reduce wages/benefits and their costs for labor.
riversedge
(70,242 posts)turbinetree
(24,703 posts)the country know will have test a four part test....................for employment status, determined by a employer, the labor department has rule in the books that determines if someone is skilled or unskilled which is kinda important.................hell this is one way to get around OSHA, if someone gets hurt on the job.....................what part of four where they if they were employed .........................
Time to go to court...........................
November 3, 2020 cannot get here fast enough
Captain Zero
(6,808 posts)could you edit with the four points you are making in:
1.
2.
3.
4.
I have difficulty following what you wrote above.
Thanks.
turbinetree
(24,703 posts)which is big deal for pay and wages, health care and such, hours working over 40 hours for time and half pay....................
https://www.ssa.gov/OP_Home/cfr20/404/404-1568.htm
OSHA
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=9630&p_table=STANDARDS
OSHA 300 and 300A logs ( safety logs of accident's)
https://www.osha.gov/recordkeeping/RKforms.html
Wages and skills
https://www.bls.gov/opub/mlr/2017/article/wage-and-job-skill-distributions-in-the-national-compensation-survey.htm
Everything he does, he muddies the water and his cronies are sitting there just adding more mud to the water without any protections for the rules................he is in my opinion trying to make every employee exempt, which is big deal..................
Overtime rules
Overtime Pay. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. ... The Act applies on a workweek basis.
https://www.dol.gov/general/topic/workhours/overtime