The Expanding Universe of Employer Liability: 

An Update on Independent Contractors and the Joint Employer Doctrine

Think you know who your employees are?  You might be surprised.

Recent developments in labor and employment law have expanded employer liability to workers who aren't on the payroll.  Not only are courts and administrative agencies more inclined to find that independent contractors are the employees of companies that use them, they are now using the "joint employer" doctrine to find companies liable for labor and employment violations committed by their subcontractors, franchisees or employment agencies that provide temporary workers.  For example, if you subcontract the cleaning of your facility to a janitorial company, the janitors who clean your facility may, in fact, be your employees, and your company could be liable for overtime violations committed by the janitorial company.

In this presentation, we will discuss in-depth the considerations that courts and administrative agencies are using to determine whether an individual is an employee or independent contractor or if two companies are joint employers, including a discussion on ways to help your company protect itself.

Presenters 

Richard J. Omata
Chair, Labor and Employment Department
Karr Tuttle Campbell

Stephanie R. Lakinski
Attorney, Labor and Employment Department
Karr Tuttle Campbell