The National Waste and Recycling Association (NWRA) applauds the U.S. Department of Labor’s Wage and Hour Division (WHD) for updating the regulations interpreting joint employer status under the Fair Labor and Standards Act (FLSA). These revisions will add regulatory certainty regarding what business practices may result in joint employer status.
“NWRA appreciates WHD’s recognition that that current situation lacks the clarity that businesses require in order to comply. The waste and recycling industry agrees with the need for a consistent standard to guide businesses in confidently deciding whether to enter into arrangements intended to constitute contractor relationships,” said NWRA President and CEO Darrell Smith.
The final rule includes a four-factor test to determine joint employer status in situations where an employee performs work for one employer that simultaneously benefits another entity or person. The rule will take effect 60 days after publication on January 16, 2020.