Department Of Labor Proposes Narrower Joint Employer Liability Rules Affecting Home Care & Long-Term Care Staffing Arrangements

The federal Department of Labor (DOL) proposed a new rule narrowing when two businesses can both be considered employers of the same worker under federal labor law. The proposal would affect organizations that use staffing agencies, franchise relationships, subcontractors, contract workers, and vendor arrangements, including home care franchises and long-term care provider organizations.

Under the proposal, businesses would be less likely to be considered “joint employers” unless they directly control key employment decisions, such as hiring and firing workers, supervising schedules and working conditions, determining pay, or maintaining employment records. The changes are intended to create a single federal . . .