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US Department of Labor announces final rule to rescind March 2020 joint employer rule

The U.S. Department of Labor today announced a final rule to rescind an earlier rule, “Joint Employer Status under the Fair Labor Standards Act” that took effect in March 2020. By rescinding that rule, the Department will ensure more workers receive minimum wage and overtime protections of the Fair Labor Standards Act

The rescinded rule included a description of joint employment contrary to statutory language and Congressional intent. The rule also failed to take into account the department’s prior joint employment guidance. The U.S. District Court for the Southern District of New York vacated most of the rule in 2020. Under the FLSA, an employee can have more than one employer for the work they perform. Joint employment applies when – for the purposes of minimum wage and overtime requirements – the department considers two separate companies to be a worker’s employer for the same work. For example, a joint employer relationship could occur where a hotel contracts with a staffing agency to provide cleaning staff, which the hotel directly controls. If the agency and the hotel are joint employers, they are both responsible for worker protections. A strong joint employer standard is critical because FLSA responsibilities and liability for worker protections do not apply to a business that does not meet the definition of employer. The final rule becomes effective September 28, 2021. For more information about the FLSA or other laws it enforces, visit the Wage and Hour Division, or call toll-free 1-866-4US-WAGE.

Getting a Certification?

Examination Reimbursement for Recent Certification Completion

Our newly approved reimbursement program is intended to promote an education path that will lead to, or support, employment in the fields of environmental, safety, occupational health, risk management, or industrial hygiene. 

Instructions: Download the application and return to the Awards and Honors Chair by May 1, 2021 to be considered for reimbursement. Due to the budget constraints, the AZ ASSP Chapter reserves to the right to limit the number of reimbursements.

Contact: Michael Bryant if you have questions.

Registering for Technical Meetings

Hello! We have recently switched virtual meeting software from WebEx to GoToMeeting. When you register for one of our monthly technical meetings, you are sent a registration confirmation email. In that email is the link for the GoToMeeting login. Please view this reference guide on which link to add the event to your calendar and which link to join the meeting. We look forward to seeing you at our next technical meeting!