Meeting Archive:
Joint and Multi-Employer, Independent Contractor, and Temp Labor OSHA and Employment Law Issues


Meeting Description:

Joint and Multi-Employer, Independent Contractor, and Temp Labor OSHA and Employment Issues

Tuesday, June 5, 2018 at 1 PM ET

Presented by Jordan B. Schwartz, Eric J. Conn and Lindsay A. DiSalvo

Employers’ perceptions about their legal responsibilities for certain workers is not always reality, particularly in the context of oft-changing interpretations of what constitutes an employer-employee relationship. An employer may classify workers as a temp or independent contractor, but that does not mean DOL agrees. At the tail end of the Obama Admin.,  DOL issued guidance that a majority of workers should be treated as employees, insinuating that in most cases, employers are accountable for the obligations of an employer-employee relationship. However, the Trump Admin. appears is shifting gears. That guidance was withdrawn by new Sec. of Labor Acosta. Congress has also begun to undercut the broad joint-employer standard established by the NLRB in Browning-Ferris, by revisiting language in applicable laws. It remains essential for employers to carefully evaluate employment relationships and their own functions in the multi-employer context. 

Even if there is no legal employer-employee relationship, companies may have safety obligations and liability depending on their role at multi-employer worksites or when using temporary workers. Protection of temporary workers was a priority of OSHA in the prior Admin., and the guidance developed in that context remains the current standard for host employers and staffing agencies. OSHA has also stood by its multi-employer policy, though it is being challenged in federal court.

Participants will learn:

  • The current Joint Employer standard and efforts to alter it
  • Criteria to evaluate the employer-employee relationship
  • Guidance on establishing an independent contractor relationship and managing temporary workers at your workplace
  • How OSHA applies its multi-employer worksite enforcement policy
Details
Date: Tue, Jun 5, 2018
Time: 01:00 PM EDT
Duration: 1 hour 15 minutes
Host(s): Jordan Schwartz, Eric J. Conn, and Lindsay DiSalvo
 Presenter Information
Jordan B. Schwartz
Speaker Photo

Jordan B. Schwartz is a partner in Conn Maciel Carey’s national Labor • Employment Practice Group. He focuses his practice on representing employers in all aspects of the employment relationship.

Mr. Schwartz works to create workplace solutions for his clients across all industries. He defends employers in litigation at both the federal and state levels, including matters related to ADA, FLSA, FMLA, Title VII, and affirmative action/OFCCP regulations. He advises clients regarding the protection of trade secrets and the misappropriation of confidential or proprietary information, both defending employers and pursuing enforcement against former employees. When relevant, Mr. Schwartz provides advice and counsel to unionized and non-unionized workplaces regarding the employer’s rights under the National Labor Relations Act.


Eric J. Conn
Speaker Photo

Eric J. Conn is a founding partner and Chair of the national OSHA • Workplace Safety Practice Group at the law firm Conn Maciel Carey LLP, where he focuses his practice on all aspects of occupational safety & health law.  Mr. Conn represents employers in inspections, investigations and enforcement actions involving OSHA, the CSB, MSHA, EPA and state and local safety related agencies.  He also handles all aspects of OSHA litigation, from criminal prosecutions to appeals of citations. 

Mr. Conn also conducts and directs attorney-client privileged workplace safety audits, delivers safety training, and helps employers develop and implement compliant safety and health programs.  He writes and speaks extensively on safety & health law issues, including authoring chapters in multiple OSHA Treatises.

Lindsay A. DiSalvo
Speaker Photo

Lindsay A. DiSalvo is an associate in both Conn Maciel Carey LLP's national OSHA • Workplace Safety Practice Group and Labor and Employment Group, where she focuses her practice on all aspects of occupational safety & health law.  Ms. DiSalvo represents employers in inspections, investigations and enforcement actions involving OSHA, the Chemical Safety Board, MSHA, EPA and state and local safety related agencies.  She also handles all aspects of OSHA litigation, from criminal prosecutions to appeals of citations.

For more information about our OSHA Practice Group, visit the OSHA Practice page on our website.  Also, check out our OSHA Defense Report blog.


For more information about our Labor & Employment Practice Group, visit the Labor & Employment Practice page on our website.  Also, check out our Employer Defense Report blog.

 

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