"Keeping it ‘Real’: Toward a More Comprehensive ‘Economic Reality’ Test for Joint Employers" – ABA Young Lawyers Division Litigation Committee Newsletter
June 06, 2016
Whether two or more entities constitute joint employers—and thus are jointly liable for illegal working conditions—has been the subject of much recent litigation, as has the appropriate test to apply to this analysis. This litigation focus is the result of the evolving nature of modern work relationships and corresponding economic and business pressures. Additionally, the workforce itself is changing as members of the “Uber Generation” increasingly bear employment responsibilities to more than one entity. These developments make the determination of joint-employer status even more critical to employment litigation.