THE THIRD CIRCUIT ENUNCIATES A NEW TEST FOR DETERMINING JOINT EMPLOYERS UNDER THE FAIR LABOR STANDARDS ACT IN IN RE ENTERPRISE RENT-A-CAR WAGE & EMPLOYMENT PRACTICES LITIGATION

LINDSAY KREPPEL

In In re:Enterprise Rent-A-Car Wage & Employment Practices Litigation, the Court of the Appeals for the Third Circuit established a test to determine whether an employer constitutes as a “joint employer” with regards to the Fair Labor Standards Act of 1938 (“FLSA”). In doing so, the court analyzed opinions both in and outside of the Third Circuit.  The test provides a clear set of factors to aid courts determining joint employment, but partially ignores the legislative intent in enacting the FLSA.Continue Reading…

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