{"id":25444,"date":"2020-05-19T13:35:19","date_gmt":"2020-05-19T13:35:19","guid":{"rendered":"https:\/\/thecampbelllawgroup.com\/?p=25444"},"modified":"2025-10-15T13:43:23","modified_gmt":"2025-10-15T17:43:23","slug":"se-le-considera-un-empleador-conjunto","status":"publish","type":"blog","link":"https:\/\/tclgfirm.com\/es\/blog\/are-you-considered-a-joint-employer\/","title":{"rendered":"\u00bfSe le considera coempleador?"},"content":{"rendered":"\n

UPDATE (10.5.2021): 2020 Rule fully rescinded effective October 5, 2021.\u00a0<\/a><\/strong><\/p>\n\n

Joint Employment<\/h1>\n

Are you considered a Joint Employer under the Fair Labor Standards Act (FLSA)? If you are, you may be joint and severally liable for another employer\u2019s employees\u2019 wages and overtime.<\/p>\n

<\/p>\n

You are probably saying to yourself; how can that be?<\/u><\/em> The answer lies in the broad definition of \u201cEmployer\u201d under the FLSA. The FLSA defines an employer as \u201cany person acting directly or indirectly in the interest of an employer in relation to an employee\u201d.<\/p>\n

Because the definition of \u201cEmployer\u201d under the FLSA is rather broad and may include more than the employer of the employee, in 1958 the US Dept of Labor (\u201cUS DOL\u201d) published regulation 29 CFR part 791, defining three scenarios when another person or entity may be considered a \u201cJoint Employer\u201d under the FLSA for wage and overtime claims.<\/p>\n

Unfortunately, the US DOL\u2019s 1958 clarification, still left many questions for businesses and attorneys unanswered. \u00a0It was not until January 12, 2020, over sixty<\/em> years later, that the U.S. DOL adopted additional clarifications and rules which are designed to provide more transparency and notice to businesses as to whom is considered a \u201cJoint Employer\u201d under the FLSA.<\/p>\n

Effective March 16, 2020, the US DOL will now use a four-factor balancing test derived from Bonnette v. California Health & Welfare Agency, <\/em>704 F.2d 1465 (9th<\/sup> Cir. 1983) to determine whether a person or entity is a Joint Employer under the FLSA for wage and overtime claims[1]<\/a>. The four-factor includes whether a person or entity has actually exercised any of the following actions:<\/p>\n