Employers increasingly rely on independent contractors, “temps” and other nontraditional workers to solve their business needs. These nontraditional work arrangements can raise a variety of complex legal issues related to joint employment liability, including but not limited to potential employment and labor law claims against the entity utilizing the nontraditional workers. Liability as a joint employer is governed by an increasingly disparate number of factors for determining “employee status” under various federal and state statutes, and regulatory schemes. Employers are left struggling to navigate the expansive and shifting regulatory, judicial and legislative definitions that determine joint employment liability. This article endeavors to help employers and employment law practitioners understand joint employment liability through a discussion of these new and developing legal standards.
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