Punching In: Biden DOJ Faces Tough Call on Joint-Employer Appeal

Monday morning musings for workplace watchers

Joint Employer Dice Roll | Complaints to OSHA

Ben Penn: The U.S. Labor Department rescinded the Trump-era joint employer test late last month, but without fully resolving the government’s handling of the business-friendly regulation. The administration must now reckon with a pesky case pending before a federal appeals court that has implications for Biden’s entire regulatory agenda.

A federal district court judge last year vacated the most significant aspects of the Trump measure, which narrowed the circumstances under which multiple companies share liability for wage violations. The prior administration appealed that decision after Election ...