Bruce’s Summary: Joint employer liability isn’t going away and the authors give two examples, one in what not to do and the other an outline of protective possibilities.
How many times have we heard “what’s the big deal”? Well the big deal or big paycheck has arrived if more attention isn’t paid to ensuring a clear line of separation is established in both written policy and training to help managers follow procedural processes. The authors reviewed how the second defendant (the lawn service) outlined to the court how it did not exert control over the plaintiff’s employment.
Good article to use as an outline for review of your joint employer processes and more importantly to help your managers understand the liability that comes with not ensuring a clear line exist between what is and what isn’t joint employment. Your managers are your best line of defense or liability for your organization. Let’s help them help you. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” www.calvin-associates.com