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Total Articles: 4

Are You a Co-Employer? FMLA Joint Employer Liability Can Be Deadly

I’ve discussed far sexier topics than “joint employers” on this blog. After all, it’s not every day an employee gets drunk at a Polish festival at the very time she’s supposed to be on FMLA leave.

Court Finds Apprentice Program Constitutes “Joint Employer” for Purposes of FMLA Coverage.

A judge for the United States District Court for the Western District of Washington recently ruled that a Seattle apprenticeship program was the “joint-employer” of a plumbing apprentice for purposes of coverage under the FMLA.

Seventh Circuit Addresses “Joint Employer” Issue Under FMLA.

The federal appellate court with jurisdiction over Indiana recently addressed the “joint employer” issue under the Family and Medical Leave Act (FMLA) for the first time. According to the Seventh Circuit Court of Appeals, the worker’s FMLA retaliation claim was properly dismissed because she failed to establish that the non-profit corporation she worked for was a joint employer with the city and county that financed and sponsored the corporation.

Designation As "Joint Employer" Requires Some Control Over The Work Or Working Conditions Of The Employee (7th Cir.).

The Family and Medical Leave Act (FMLA) makes it unlawful for any employer to interfere with an employee’s rights under that Act. Although the Act itself does not address situations in which multiple entities may be viewed as “joint-employers” for purposes of the FMLA, the Department of Labor (DOL) has issued regulations setting out situations in which joint-employer liability may be found.