If you're a franchised business owner - or hold one of the 7.6 million jobs they create - the Department of Labor's recently proposed "Joint employer" rule may help you more than you realize.
Joint employer rules impose liability for violating an employee's rights on entities in addition to the employee's direct employer.
It imposed joint employer liability on entities that had an "Indirect" - or even a "Potential" - relationship to another business's employees.
In June of 2017, Labor Secretary Alex Acosta took a step towards fulfilling Trump's promise and withdrew the Obama era joint employer AI stating that the DOL intended to replace it with a full-fledged rule.
On April 1st, as promised, the DOL issued a Notice of Proposed Rulemaking with respect to the joint employer rule.
Under the proposed rule, joint employer liability would exist only for entities that can "Hire or fire an employee; supervise and control employees' work schedules or conditions of employment; determine employees' rates and method of payment; and maintain employees' employment records." In other words, employers.
The proposed rule and the DOL news release make it clear that the mere existence of a franchiser/franchisee relationship would not make a joint employer relationship more or less likely.
https://www.realclearpolicy.com/articles/2019/06/03/proposed_easing_of_obama-era_labor_rules_yet_another_good_move_by_trump_administration_111210.html
Joint employer rules impose liability for violating an employee's rights on entities in addition to the employee's direct employer.
It imposed joint employer liability on entities that had an "Indirect" - or even a "Potential" - relationship to another business's employees.
In June of 2017, Labor Secretary Alex Acosta took a step towards fulfilling Trump's promise and withdrew the Obama era joint employer AI stating that the DOL intended to replace it with a full-fledged rule.
On April 1st, as promised, the DOL issued a Notice of Proposed Rulemaking with respect to the joint employer rule.
Under the proposed rule, joint employer liability would exist only for entities that can "Hire or fire an employee; supervise and control employees' work schedules or conditions of employment; determine employees' rates and method of payment; and maintain employees' employment records." In other words, employers.
The proposed rule and the DOL news release make it clear that the mere existence of a franchiser/franchisee relationship would not make a joint employer relationship more or less likely.
https://www.realclearpolicy.com/articles/2019/06/03/proposed_easing_of_obama-era_labor_rules_yet_another_good_move_by_trump_administration_111210.html
No comments:
Post a Comment