By Laura M. Walker, Lewis Wagner LLP
On Wednesday, June 7, 2017, the U.S. Department of Labor rescinded the expanded ‘joint employer’ rule put into effect under the Obama-era. Under the expanded rule, a business could be found to be a joint employer if it had indirect control, or reserved authority, to control the terms and condition of employment. Prior to the Obama-era expanded rule, a joint employer was found if the business had direct control over the workplace. Notably, the expanded rule can still be applied to businesses as the National Labor Relations Board has not rescinded the expanded guidance.
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