Navigating the New Joint-Employment Terrain 2024

  • OnDemand seminar
  • Employment Law
Navigating the New Joint-Employment Terrain 2024

Please Note Update: The United States District Court for the Eastern district of Texas has struck down the National Relations Board’s 2023 Joint Employer rule. This seminar discusses that possibility and other issues and analysis surrounding the rule. For now, the rule is no longer in place.

Endorsed by the Labor & Employment Law Section of the State Bar of Wisconsin

Joint probability

Do you represent employers that use staffing agencies, franchises, contractors, or subcontractors? If so, now is the time to prepare for compliance with the National Labor Relations Board’s (NLRB) new final rule on joint-employer status which goes into effect on February 26, 2024. The final rule marks a shift in criteria for determining joint employment, placing emphasis on control over the essential terms and conditions of employment. If two entities are determined to be joint employers, they can both be held liable for the other’s unfair labor practices. It’s crucial that you understand the risks under the new rule so you can help your clients adjust accordingly.

Analyze the implications of the NLRB’s new rule at Navigating the New Joint-Employment Terrain. Labor and employment lawyer Christopher L. Nickels will explain:

  • Who could be considered a joint employer under the final rule
  • The “essential terms and conditions of employment” under the new rule
  • How even indirect control over third parties can be sufficient to trigger joint-employment status
  • The impact on retailers, staffing agencies, and other third-party services
  • How to advise clients on their existing commercial agreements

Product details

Faculty

  • Understand how the new joint-employer standard differs from the previous one
  • Know how to determine whether your clients should be considered joint employers
  • Identify essential employment terms that will trigger joint-employment status
  • Determine next steps for reevaluating business relationships with third parties
  • Discuss the DOL’s final rule on employee or independent contractor classification under the Fair Labor Standards Act
  • Review FLSA and Title VII requirements regarding joint employment
  • Labor and employment lawyers
  • Employee benefits lawyers
  • Construction lawyers
  • Business lawyers
  • Health lawyers

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