Joint Employment and What it Means to You

by Deborah Z Mark


What is joint employment?

I’m sure this burning question keeps you awake at night.

Well, maybe not.

But in any case, the Department of Labor wants to answer it for you.

On January 20, the DOL released 2 new fact sheets regarding joint employment:

  • Fact Sheet 35: Joint Employment under the FLSA and Seasonal Agricultural Worker Protection Act (MSPA)
  • Fact Sheet 28N: Joint Employment and Primary and Secondary Employer Responsibilities under the Family and Medical Leave Act (FMLA)

There are two common situations where joint employment exists:

  1. Where the employee has two or more technically separate but related or associated employers, or
  2. Where one employer provides labor to another employer and the workers are economically dependent on both employers

I bet you’re wondering about overtime and how it affects employees working at more than one location.

Let’s find out.

The Overtime Question

Do you own more than one business?

Do you have employees who work at more than one of your locations?

If an employee works 35 hours at one location and 10 hours at another location (for a total of 45 hours) during a single work week, do you have to pay overtime?

You sure do.

If there is common ownership of more than one company where an employee works, or even common management, the employee would be owed overtime for those 5 hours.

Other Questions?

Have questions regarding joint employment or human resources?

Call managestaff. We’ll answer them.

And help you sleep better at night.


It’s what we do.

image: jscreationzs/