Debra Friedman, a member of Cozen O'Connor's Labor & Employment department, discusses the effect of joint employment on healthcare in AHLA's Labor & Employment newsletter. The concept of "joint employment" has long been a sensitive one for employers in the American health care industry. The U.S. Department of Labor (DOL) has moved the issue to the forefront with its January 2016 Administrator's Interpretation (AI), presenting examples from the health care industry as typifying joint employment arrangements. This leaves health care employers exposed in two areas where a finding of joint employment could cost them dearly: (1) labor negotiations and disputes; and (2) wage and hour laws.
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