Joint Employment in 2021: What to Do When the Rules Keep Changing

Schedule Thursday, August 12, 2021 || 10:00 AM PDT | 01:00 PM EDT
Duration 90 Mins
Level Basic & Intermediate & Advanced
Webinar ID IQW21H0817

  • Who/What is a Joint Employer? What is Joint Employment Liability? 
  • What areas/issues are impacted by Joint Employment?
  • NLRB and Joint Employment (Franchisor toward Franchisee’s employees, why it’s been a big deal, and how it could turn the franchise model upside down)
  • What the employment law is now, what’s at stake for corporate liability and your compliance if the standard changes
  • Title VII of the Civil Rights Act of 1964 and Joint Employment
  • Wage and Hour Issues and Joint Employment
  • Pre-Employment Screening and Joint Employment
  • ADA/ADAAA and Joint Employment
  • Workers’ Comp/Workers’ Safety and Joint Employment
  • Immigration Law and Joint Employment
  • FMLA and Joint Employment
  • The Affordable Care Act and Joint Employment

Overview of the webinar

Under the Obama Administration, the National Labor Relations Board, the U.S. and state Departments of Labor and a number of other agencies broadened the definition of the term “joint employment” to include companies that previously did not have to concern themselves with this issue, and then seem to reverse their positions. The courts have handed down rulings that often seem to conflict with agency rulings, causing much confusion. 

Under the Trump Administration, the NLRB then narrowed the definition of “joint employer”. Now, the Biden Administration has proposed rescinding the narrower rule implemented by the Trump Administration.

Many well-intentioned employers are understandably confused, and could find themselves making significant pay-outs. What’s an employer to do? An understanding of who likely is (and is not) a joint employer, coupled with a little bit of proactive, preventative planning can go a long way toward minimizing joint employer liability. 

Either way, you need to have a handle on the expanding concept of joint employment and how it may affect you and your business. This webinar will help you understand when and how you might be a joint employer, your responsibilities and what steps you can take to better protect yourself

Who should attend?

  • HR practitioners at all levels 
  • CEO’s
  • CFO’s
  • Senior Management
  • staffing industry executives, sales people and recruiters
  • Hiring Managers
  • In-House Counsel
  • PEO executives
  • Anyone who contracts with staffing companies 
  • Anyone who supervises temporary/contingent workers

Why should you attend?

Do you use staffing agency employees (“temps”) to augment your workforce? Do you ever “borrow” employees from an affiliate, subsidiary or parent company? Are you a franchisor with one or more franchisees, who in turn hire employees? Did you know that you may have employer responsibilities to those employees in addition to the ones actually on your payroll? Even if they are not on your payroll, even if you did not directly hire them, you may be a joint employer. You may have as much responsibility as the entity that did directly hire them or who does “payroll” them. Sound confusing? It doesn’t have to be. This webinar will help de-mystify the concept of joint employment, and help you determine if and when you are a joint employer, and what to do –and not to do—if you are.

Faculty - Ms.Janette Levey Frisch

Janette Levey Frisch, Founder of The EmpLAWyerologist Firm, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law.
Janette and The EmpLAWyerologist Firm operate under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems before they result in lawsuits or steep fines caused by government audits. Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs.
Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette also serves as a Task Force Member of the Workplace Violence Prevention Institute, a multi-disciplinary organization dedicated to providing cutting edge resources to employers serious about taking a holistic, proactive approach to preventing and minimizing workplace violence.

Credits

ComplianceIQ is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for [1.5] PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.

HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org

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