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Department of Labor proposes change to joint employer regulation

On Monday, April 1st the Department of Labor (DOL) published a proposal to revise and clarify the joint employer arrangement. Here is the proposal. This potentially impacts employees and employers of franchisees and contractors.

There are four factors for joint employment in the proposal.

Upstream company:

  1. Exercises hire and fire power.
  2. Supervises and controls schedule.
  3. Sets pay.
  4. Keeps employment records.

The DOL is currently seeking public comment on this proposal for the next 60 days. Comments may be made at www.regulations.gov.


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