NLRB and DOL under administration of Biden

NLRB and DOL under administration of Biden

Thursday January 7, 2021

The concept of “joint employment” is an important legal issue in the workplace and often arises in the real estate industry because industry employers want to avoid liability for legal claims from employees of another company. . The risk of one entity being deemed to jointly employ the personnel of another entity is real, and proactive measures can help identify and mitigate this risk.

Background

Whether a company can be held jointly liable for the employment law claims of employees of another company requires factual analysis. The legal standard for such an assessment varies depending on the statutory framework considered. During the Trump administration, the standard for assessing joint employer status under the Fair Labor Standards Act (FLSA) and the National Labor Relations Act (NLRA) changed. More changes can be expected during the Biden administration.

In the real estate industry, a joint employer claim usually arises in the context of a contractual relationship. For example, in the context of commercial real estate, an owner or a real estate manager …

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