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In its proposal – a sharp departure from earlier Obama-era proposals to broaden the test for determining joint employer status to one based on economic realities – the DOL seeks to abandon the “not completely disassociated” test and has proposed to replace it with a four-part balancing test derived from Bonnette v. [read post]
  The DOL in its Final Rule arguably departed from the economic reality analysis, adopting a four-factor balancing test for evaluating potential vertical joint employment relationships focused exclusively on control (derived from a Ninth Circuit decision in Bonnette v. [read post]
15 Apr 2019, 2:45 pm by Garen Dodge and Keith Goodwin
Instead, employers have been left with what one federal district court described as a “dizzying world of multi-factor tests,” ranging from the Ninth Circuit’s four-factor test in Bonnette v. [read post]
21 May 2020, 9:01 pm by Samuel Estreicher and Nicholas Saady
A four-factor test derived from the Ninth Circuit decision in Bonnette v. [read post]