Madonna Herman (Of Counsel-San Francisco) authored “Eye on Compliance: Joint Employment” for Law360 Employment Authority, published on May 1, 2023. The article examines the body of law surrounding joint employment, or employees treated as having two employers, and the implications of such a finding regarding potential liability that can prove substantial and expensive. The topics discussed include a recent National Labor Relations Board decision highlighting factors the agency will consider when determining whether two entities are joint employers and how, “when dealing with contract or temporary employees, companies may want to relinquish such factors if the goal is to mitigate joint employer risks.” California’s joint employment standard and the unique factors considered by the courts in that state are also considered. Madonna notes that with the growth of temporary and contract work, joint employment findings may become more common. Her analysis suggests that “if the totality of the circumstances evidences more control than not, the entity should pull back on that level of control to allow the staffing company or contractor to make more of those decisions for its employees.”

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