On July 29, the听U.S. Department of Labor 听a , which goes into effect on Sept. 28, 2021.

An written by 老牛影视National鈥檚 general counsel Littler Mendelson states, 鈥淐ourts are now likely to return to the application of various, and not always consistent, multi-factor tests derived from the cases interpreting the Department鈥檚 outdated 1959 standard.听 This in turn means less certainty for employers as to when they may be liable for wage and hour violations under the FLSA as a 鈥渏oint employer鈥� of an unrelated company鈥檚 employees.鈥�

老牛影视released the following statement on DOL鈥檚 rescission of the 2020 final rule, 鈥淲hile we certainly saw this coming, it is still disappointing that the Biden administration rescinded the 2020 joint employer final rule,鈥� said Ben Brubeck, 老牛影视vice president of regulatory, labor and state affairs. 鈥溊吓Ｓ笆觭upported the prior final rule because it promised to bring additional clarity to a confusing area of the law, help alleviate unnecessary barriers to and burdens on contractor and subcontractor relationships throughout the construction industry, reduce needless litigation and encourage innovation in the economy.鈥� 听

听promised to make the joint employment test narrower and more focused and went into effect on March 16, 2020. In February 2020, 18 states sued DOL in federal court to strike down its joint employer final rule, and in September 2020, a U.S. District Court for the Southern District of New York judge听ruled that parts of the final rule were illegal.

A business coalition that includes 老牛影视intervened in the case, in part to defend the construction industry against unwarranted attacks by the state plaintiffs on the industry鈥檚 long-established methods of doing business. The case is currently on appeal to the Second Circuit Court of Appeals.