Sen. Rubio Asks DOL to Stop Obama-era Joint Employer Enforcement Policies

Sen. Marco Rubio (R-FL) sent a letter to Labor Secretary Alex Acosta expressing “strong concerns” that DOL investigators are still applying the prior administration’s enforcement guidance regarding joint employment and independent contractor misclassification when conducting investigations.  Although the letter raises issues about home-care registries that are primarily based in Florida, it is possible other industries have similar concerns.  In the letter, Sen. Rubio specifically requested that Sec. Acosta “provide additional direction to all divisions of the Department outlining the provisions of the withdrawn guidance.”  He further asked Acosta to “examine enforcements and investigations related to these matters since June 2017.”  It is worth noting that any new joint employer or independent contractor enforcement guidance will likely have to wait until the Senate confirms Cheryl Stanton to be the next Wage and Hour Administrator.