On August 13, 2019, Jordan Schwartz, Eric J. Conn and Lindsay Disalvo of Conn Maciel Carey presented a webinar regarding “Joint- and Multi-Employer, Independent Contractor, and Temp Labor OSHA and Employment Law Issues.”
Employment relationships can take many forms, and employers’ perceptions of their legal responsibilities for certain workers is not always reality. An employer may classify workers as temporary or independent contractors, but that does not mean DOL will agree. This is particularly challenging due to continuous changes in the law relating to these types of employment relationships.
One particular area in flux over the past several years has been the joint-employer standard, significantly expanding in the Obama-era NLRB decision in Browning-Ferris, but in the wake of change through an ongoing NLRB rulemaking. Similarly, the boundary between employees and independent contractors has also been a moving target. Although the prior administration took the view that a majority of workers are employees in its guidance to employers, the Trump Admin. has signaled a change in direction.
Even where there is not a legal employer-employee relationship, companies may have certain safety and health obligations and potential liabilities depending on their role at multi-employer worksites or the use of temporary workers. Protecting temporary workers and enforcing the responsibilities of host employers and staffing agencies was a priority of OSHA in the Obama Admin. through a Temporary Worker Initiative that continues today. OSHA has also continued to defend its multi-employer worksite enforcement policy through legal challenges.
Specifically, participants in this webinar learned:
- Current joint-employer standard and the NLRB’s rulemaking
- Criteria to evaluate the employer-employee relationship
- Guidance how to clearly establish an independent contractor relationship
- Lawfully and effectively managing temporary workers
- OSHA’s multi-employer worksite enforcement policy
We are pleased to share these links to a copy of the slides and a recording of the August 13th webinar. Let us know if you have questions about joint-employer, multi-employer, temp worker, or independent contractor Labor and Employment or OSHA law issues. We would love to be a resource for you.
The August webinar was the 8th webinar event in Conn Maciel Carey’s 2019 OSHA Webinar Series. Click here to view our full schedule, detailed program descriptions, and individual registration pages for the remaining webinars in the 2019 OSHA Webinar Series. To register for all of Conn Maciel Carey’s OSHA webinars, click here to send an email request, and we will get you automatically registered.
If you missed any of our other past webinars in our annual OSHA Webinar Series, here is a link to Conn Maciel Carey’s webinar archive.