Law360 Quotes Kyle Winnick on Expected DOL Joint Employer Rule

Law360 quoted Seyfarth partner Kyle Winnick in its March 5 article, “DOL Joint Employer Rule Likely To Look Familiar, Attys Say.” The piece explores how the U.S. Department of Labor may revisit and revise the joint employer test under the Fair Labor Standards Act, drawing on frameworks used in prior administrations and recent court decisions.

Winnick highlighted the influence of earlier judicial approaches, noting: “There is circuit precedent that bolsters the 2020 joint employer rule, which would also bolster any new proposed rule.” 

He also emphasized that a refreshed rule may rely on a broader statutory foundation, explaining that the DOL could justify a new standard based on all three sections of the FLSA—Sections 3(d), 3(e), and 3(g).

The full article is available here.