Allison Hawkins Quoted in Law360 on DOL Joint Employer Rule Proposal
Birmingham Associate Allison Hawkins was quoted in Law360's DOL Joint Employer Reg Enters "Post-Loper Bright Universe" article discussing a recent proposed ruling from the U.S. Department of Labor ("DOL").
The proposed rule clarifies when multiple employers may be held jointly liable for wage and hour violations under federal labor laws, outlining standards for both “horizontal” and “vertical” joint employment. The proposal revisits a previous Trump administration rule that was later struck down by a federal court, with updates to address concerns and reflect the U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo.
Allison shared that the rule, "basically took that opinion, and you can see that they're addressing several of the concerns.” She added that the updated rule expands beyond the Fair Labor Standards Act (FLSA) and allows for consideration of additional factors when assessing joint employment.
The article notes that the proposed rule reflects a broader shift following Loper Bright, with the DOL placing greater emphasis on existing court decisions and offering clearer direction for employers.