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Employment Law This Week PodcastAuthor: Epstein Becker & Green, P.C. Language: en Genres: Business, Management, News Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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DOL's New Joint Employer Rule, Fifth Circuit FLSA Twist, and I-9 Irreversible Errors
Episode 433
Wednesday, 6 May, 2026
What employers should know about key developments this week: DOL Proposes Joint Employer Rule: The Department of Labor (DOL) has proposed a rule reinstating the economic realities test for joint employer liability under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act, prompting employers with subcontractors, franchises, or subsidiaries to assess their exposure before the June 22 comment deadline. Fifth Circuit: Misclassification Alone Isn't Enough: The U.S. Court of Appeals for the Fifth Circuit upheld a verdict denying overtime pay to a misclassified worker, finding that, under the FLSA, an employer cannot be liable for overtime of which it had no knowledge. I-9 and Accessibility Rules Tighten: Immigration and Customs Enforcement has reclassified nearly all Form I-9 errors as uncorrectable "substantive" violations subject to significant fines. Separately, health care organizations receiving Department of Health and Human Services funding face a May 11 web accessibility deadline that is not covered by the Department of Justice's recent Americans with Disabilities Act Title II extension. Visit our site for this week's Other Highlights and links: https://www.ebglaw.com/eltw433 Subscribe to #WorkforceWednesday: https://www.ebglaw.com/eltw-subscribe Visit http://www.EmploymentLawThisWeek.com - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.
