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In West Virginia and southwestern Pennsylvania, we are about to experience infrastructure development on an entirely new scale. Tens of thousands of workers will be dispatched to far away places to work side-by-side with employees from many different companies collaborating toward achievement of common goals. It is an exciting time, but along with the excitement comes the need to carefully consider inter-company relationships in light of the shifting, and sometimes confusing, landscape of joint employer law. This presentation will focus on the most recent developments in joint employer tests articulated by agencies and courts, and how to structure relationships and operations in light of those changes.
Topics of discussion will include:
- Recent changes to the joint employer test.
- Case studies of the joint employer test applied to energy and construction industry employers.
- Strategies to structure relationships and operations so as to avoid civil or contractual liability for the actions of others’ employees.
- Discussion of specific areas of concern regarding joint employer liability, such as: drug testing, particularly in light of the opioid epidemic and the era of legalized marijuana usage; payment of wages and benefits; and becoming ensnared in labor disputes or collective bargaining obligations.
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