The U.S. Department of Labor Administrator’s interpretation on joint employment under the Fair Labor Standards Act released today is unlikely to impact the use of staffing services or the relations between staffing companies and their clients, according to Stephen Dwyer, American Staffing Association general counsel.
“Under prior court decisions and established legal precedent, staffing companies and clients already were held to be joint employers,” Dwyer said. “The Department of Labor’s interpretation of the Fair Labor Standards Act, therefore, should have little practical effect for the staffing industry and should not be of concern to staffing clients, as potential liability for temporary and contract employees is no greater—and in some cases is less—than liability for the client’s internal employees, and can be mitigated by clients.”
Clients can mitigate potential exposure by performing due diligence when selecting a staffing provider to confirm that the firm is knowledgeable about, and compliant with, wage and hour and all other applicable laws, Dwyer emphasized.
# # #
About the American Staffing Association
The American Staffing Association is the voice of the U.S. staffing, recruiting, and workforce solutions industry. ASA and its state affiliates advance the interests of the industry across all sectors through advocacy, research, education, and the promotion of high standards of legal, ethical, and professional practices. For more information about ASA, visit americanstaffing.net.
Sorry, the content you’ve selected is for members only. Maybe it’s time to join! Or if you’re already a member, please log in. Join today to get access to all of ASA’s legal information and resources for members. The ASA legal team works hard to keep members informed about the laws and regulations that impact their… More ›
Due to the COVID-19 outbreak, the ASA National Day of Service is postponed until further notice. Please contact volunteer@americanstaffing.net if you have any questions. The association is seeking volunteers from select ASA State Networks and affiliated chapters to help prepare at-risk youth in communities across the U.S. for their future roles in the workforce. Volunteers… More ›
Sorry, the content you’ve selected is for members only. Maybe it’s time to join! Or if you’re already a member, please log in. Join today to get access to all of ASA’s legal information and resources for members. The ASA legal team works hard to keep members informed about the laws and regulations that impact their… More ›
Sorry, the content you’ve selected is for members only. Maybe it’s time to join! Or if you’re already a member, please log in. Join today to get access to all ASA webinars and on-demand presentations. The ASA Resource Llibrary includes hundreds of presentations that members can view at their convenience and at no charge. Valuable webinars… More ›
Sorry, the content you’ve selected is for members only. Maybe it’s time to join! Or if you’re already a member, please log in. Join today to get access to all ASA webinars and on-demand presentations. The ASA Resource Llibrary includes hundreds of presentations that members can view at their convenience and at no charge. Valuable webinars… More ›
Sorry, the content you’ve selected is for members only. Maybe it’s time to join! Or if you’re already a member, please log in. Join today to get access to all ASA webinars and on-demand presentations. The ASA Resource Llibrary includes hundreds of presentations that members can view at their convenience and at no charge. Valuable webinars… More ›
Sorry, the content you’ve selected is for members only. Maybe it’s time to join! Or if you’re already a member, please log in. Join today to get access to all ASA webinars and on-demand presentations. The ASA Resource Llibrary includes hundreds of presentations that members can view at their convenience and at no charge. Valuable webinars… More ›
ASA keeps members informed via email of upcoming legislation and other government action that could impact their businesses, and offers ASA’s guidance on how to influence these issues in their favor and to benefit of the industry. These are a sample of the alerts that go to ASA members. More ›
Sorry, the content you’ve selected is for members only. Maybe it’s time to join! Or if you’re already a member, please log in. Join today to enjoy all the benefits of ASA membership. Strategic business intelligence Legal help and advocacy Learning and professional development ASA publications Exclusive industry data Community and networking And more! Learn… More ›
Sorry, the content you’ve selected is for members only. Maybe it’s time to join! Or if you’re already a member, please log in. Join today to get access to all ASA webinars and on-demand presentations. The ASA Resource Llibrary includes hundreds of presentations that members can view at their convenience and at no charge. Valuable webinars… More ›