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In a case of first impression (In re Enterprise Rent-A-Car Wage & Hour Employment Practice Litigation), the 3rd Circuit provided employers, particularly parent entities, some much-needed guidance regarding joint employment relationships under the Fair Labor Standards Act (FLSA). The court adopted a revised version of a test created by the 9th Circuit (which the 1st and 2nd Circuits adopted) to address the joint employment issue.  According to the Enterprise test, the focal point of the joint employment analysis under the FLSA is the alleged ability of the employer to control, either directly or indirectly, the employees of another entity.

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