Employee Rights and Employment Policy Journal

Advanced Issues in FLSA Collective Actions: Joint Employment

Abstract

By
David Borgen

In this article, the author discusses the legal principles applicable to proving joint employer status under the Fair Labor Standards Act (FLSA) with a focus on the Second Circuit's landmark opinion in Zheng v. Liberty, cite, which has expanded the already expansive FLSA joint employment tests. The article also illustrates the joint employment standards as found in the U.S. Department of Labor's recent Opinion Letter on joint employment and several other recent cases in a variety of contexts involving low wage workers. Finally, the article suggests practice pointers for counsel seeking to establish joint employer liability.