29 CFR 825.106 - Joint employer coverage
| Cite as | 29 CFR 825.106 |
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146 practice notes
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Family and Medical Leave Act; information request; report,
...rights under the Act, or discharge or discriminate against an employee for opposing a practice that is unlawful under FMLA. See 29 CFR 825.106(e). With regard to the term ``worksite,'' the legislative history states that it is to be construed in the same manner as the term ``single site of ......
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Part IV
...could have FMLA rights at the retail chain. This creates an arbitrary distinction between sole and joint employers. . . .Under 29 C.F.R. Sec. 825.106(e), an employer could contract for an engineer, Employee A, for a six-month project, and then find out after the employee has only been there......
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Application of the Fair Labor Standards Act to Domestic Service
...employment'' under the Migrant and Seasonal Agricultural Worker Protection Act, 29 CFR 500.20(h), and the Family and Medical Leave Act, 29 CFR 825.106, both of which incorporate the FLSA definition of To illustrate how a home care services scenario may be assessed utilizing the economic rea......
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Family and Medical Leave Act of 1993,
...could have FMLA rights at the retail chain. This creates an arbitrary distinction between sole and joint employers. . . .Under 29 C.F.R. Sec. 825.106(e), an employer could contract for an engineer, Employee A, for a six-month project, and then find out after the employee has only been there......
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127 cases
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Ensor v. Jenkins, Civil Action No. ELH-20-1266
...possibility of joint employment under the statute. See Quintana v. City of Alexandria, 692 F. App'x 122, 125 (4th Cir. 2017) (quoting 29 C.F.R. § 825.106(a)); Griffin v. Sirva Inc., 835 F.3d 283, 293 (2d Cir. 2016) (same). Under Butler, 793 F.3d at 414, courts consider nine factors to deter......
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Grace v. Uscar, No. 06-2509.
...No. 4:06CV1751, 2007 WL 1306601, *5, 2007 U.S. Dist. LEXIS 32710, *13 (N.D.Ohio May 3, 2007) ("Furthermore, the Court finds that 29 C.F.R. § 825.106 [addressing joint employment] is entitled to deference, given that it is consistent with the FMLA and necessary to carry out its purposes......
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Gazda v. Pioneer Chlor Alkali Co., Inc., No. CIV. A. H-96-1265.
...interest in another corporation, it is a separate employer unless it meets the "joint employment" test discussed in 29 C.F.R. § 825.106, or the "integrated employer" test in 29 C.F.R. § 825.104(c)(2). See 29 C.F.R. § 42. See Exhibit 8 to Sieger Affidavit [Doc. # 42]. 43.......
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Russell v. Bronson Heating and Cooling, No. 03-73871.
...will be viewed as a single employer of an employee provided they meet either the "joint employment" test discussed in 29 C.F.R. § 825.106, or the "integrated employer" test discussed in 29 C.F.R. § 825.104(c)(2). Under the "integrated employer" test, multiple c......
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9 firm's commentaries
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Term Limits for Contingent Workers: Urban Legend or Necessary Fix?
...Co. v Darden, 503 U.S. 318 (1992). 11 Burrey v. Pacific Gas & Electric, (unpublished order) No. C-95-4638DLJ (N.D. Cal. 1999). 12 29 C.F.R. § 825.106(e). 13 29 C.F.R. § 825.106(e); 29 C.F.R. § The content of this article is intended to provide a general guide to the subject matter. Spec......
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2008 Final Regulations for the FMLA: A Summary
...to hire, fire, and assign work, a joint employer relationship is still likely to exist, “based on all the facts and circumstances.” 29 CFR § 825.106(b)(2). Employee Eligibility – To be eligible for FMLA protection, an employee must have worked with an employer for at least 12 months and for......
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DOL, IRS, And 11 States Enter Agreement To Work Together Against Misclassification
...temporary workers who have been engaged for many months or even years as covered "employees" under the FMLA regulations pursuant to 29 C.F.R. § 825.106. While we are by no means suggesting an uptick in such activity, there have been some reported decisions on these issues and, consequently,......
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CFRA Joint Employers Beware
...directly or indirectly, because one employer controls, is controlled by, or is under common control with the other employer. 29 C.F.R. § 825.106(a). The new CFRA regulation is identical to the FMLA regulation, with one exception—the California regulation adds the following single sentence t......
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2 books & journal articles
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Vol. 10, No. 4, Pg. 38. Structuring and Managing Contingent Worker Arrangements.
...§ 2612. The DOL has issued regulations specifically addressing joint employment under the FMLA in the contingent worker context. See 29 C.F.R. §825.106. According to the FMLA regulations, two or more employers may be joint employers where each exercises "some control" over the working condi......
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64 J. Kan. Bar Assn. May, 22 (1995). FAMILY AND MEDICAL LEAVE ACT OF 1993.
...1996 due to meeting the coverage criteria in the preceding year. Id. [FN17]. See 60 Fed. Reg. 2180-01, 2240 (1995) (to be codified at 29 C.F.R. § 825.106). [FN18]. See 60 Fed. Reg. 2180-01, 2240 (1995) (to be codified at 29 C.F.R. § 825.106(a)). Examples of joint employment relationships gi......