DOL October Updates: Joint Employer, Defining “Compensable Work”

The Department of Labor (DOL) has had a busy month, issuing documents on two topics which we are sharing because of their interest to our members in their roles as employers.

• The Department will issue a joint employer rule separate from the National Labor Relations Board rule: “In yesterday’s morning announcement, the USDOL announced plans to unveil a joint employment rule of its own. While the regulatory agenda is short on specifics—simply stating that the agency will ‘propose an update to its regulations concerning joint employment, i.e., those situations in which a worker is considered an employee of two or more employers jointly’—you can assume that the proposals will somewhat mirror the NLRB plan and aim to return the standards to a pre-Obama administration formula.”

• The Department has also issued opinion letters on what kind of work constitutes “compensable work”. The various letters, compiled in the linked article, address questions such as whether to compensate travel taken during the day, rest breaks, and participation in employer-sponsored activities.