COVID-19 Workforce Development

SHRM Files Amicus Brief in Defense of DOL’s Joint Employer Rule

On July 24, SHRM filed an amicus curiae brief in support of the U.S. Department of Labor’s (DOL’s) final rule on joint employer in New York v. Scalia, a rule that clarifies when one entity may be liable for the wage and hour claims brought by its business partner’s employees.

In its brief, SHRM highlighted the need to support flexible work arrangements due to the COVID-19 pandemic and stated that “the Final Rule takes a modern, pragmatic view of joint employer concerns, recognizing the importance of incentivizing entities who own and manage the work environment to create uniform policies that serve employees and other non-employee personnel—whether the workers are independent contractors, subcontractors, temporary, franchisee, contract workers, other employees of third parties, and other arrangements.”