Labor Department Appealing Decision Nixing Joint-Employer Test

Nov. 6, 2020, 4:15 PM UTC

The U.S. Department of Justice will ask a federal appeals court to restore the Labor Department’s joint-employer test, which formed the crux of one of the Trump administration’s signature pro-business regulations until a judge invalidated it in September.

The rule, which took effect in March, limited the scenarios in which multiple businesses can be held liable under the Fair Labor Standards Act for failing to pay minimum wages and overtime to workers.

DOJ attorneys filed a notice of appeal Friday, informing the U.S. Court of Appeals for the Second Circuit that it seeks to overturn the U.S. district court ...

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