New York Federal Judge Strikes Changes To Vertical Joint Employment

Mealey's (September 9, 2020, 1:24 PM EDT) -- NEW YORK — A federal judge in New York on Sept. 8 deemed the portions of the U.S. Department of Labor's (DOL) final rule revising its regulations interpreting vertical joint employer liability as "arbitrary and capricious," in conflict with the Fair Labor Standards Act (FLSA) and "flawed in just about every respect" but found the portion making nonsubstantive changes to horizonal joint employer liability permissible and severable (New York, et al. v. Eugene Scalia, et al., No. 20-1689, S.D. N.Y., 2020 U.S. Dist. LEXIS 163498)....