On June 28, the U.S. Court of Appeals for the Third Circuit provided guidance as to what test should be applied to assess potential joint employer liability under the Fair Labor Standards Act in In re Enterprise Rent-A-Car Wage and Hour Employment Practices Litigation , No. 11-2883, 2012 U.S. App. LEXIS 13229 (3d Cir. June 28, 2012). The Third Circuit’s decision provides a helpful roadmap to employers seeking to better position their organizations to avoid joint employer liability.
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