Joint employment relationship

Scope

Two or more employers can be in a joint employment relationship.

Regulatory citations

• None

Key definitions

• None

Summary of requirements

A determination of whether the employment by the employers is to be considered joint employment or separate and distinct employment for purposes of the F:SA depends upon all the facts in the particular case:

• If all the relevant facts establish that two or more employers are acting entirely independently of each other and are completely disassociated with respect to the employment of a particular employee, who during the same workweek performs work for more than one employer, each employer may disregard all work performed by the employee for the other employer (or employers) in determining one’s own responsibilities under the FLSA.
• On the other hand, if the facts establish that the employee is employed jointly by two or more employers (i.e., that employment by one employer is not completely disassociated from employment by the other employer(s)), all of the employee’s work for all of the joint employers during the workweek is considered as one employment for purposes of the FLSA. In this event, all joint employers are responsible, both individually and jointly, for compliance with all of the applicable provisions of the act, including the overtime provisions, with respect to the entire employment for the particular workweek.

In discharging the joint obligation, each employer may take credit toward minimum wage and overtime requirements for all payments made to the employee by the other joint employer or employers.