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Salinas v. Commercial Interiors, Inc., No. 15-1915 (January 25, 2017)

Articles Discussing Case:

The Fourth Circuit’s New Test for Joint Employment Under the FLSA and Why You Should Care

Ogletree Deakins • April 18, 2017
The Fourth Circuit Court of Appeals’ recent articulation of a new test for joint employment under the Fair Labor Standards Act (FLSA) sets a challenging standard for general contractors and others that seek to minimize labor costs by subcontracting out work, and highlights the importance of carefully choosing business partners and subcontractors in order to avoid wandering into wage and hour violations. In formulating the test, the court relied upon Congressional intent to define “employer” expansively under the FLSA and set aside decades of precedent from sister circuits and their progeny. Salinas v. Commercial Interiors, Inc., No. 15-1915 (January 25, 2017).