In the News: Sasha Thaler Quoted in Massachusetts Lawyers Weekly on DOL’s Proposed Joint Employer Rule
Constangy partner Sasha Thaler was quoted in a recent Massachusetts Lawyers Weekly article, “New DOL joint employer rule sparks split among attorneys,” which examines the U.S. Department of Labor’s proposed rule aimed at clarifying joint employer status under the Fair Labor Standards Act. The article explores how the proposal—centered on a four-factor test—seeks to resolve inconsistencies across courts, while also highlighting differing perspectives among management-side and plaintiff-side attorneys on its potential impact.
The piece explains that the proposed rule is intended to simplify the legal analysis of joint employment, particularly in “vertical” employment relationships such as those involving contractors, subcontractors, and staffing agencies. While some attorneys view the rule as providing much-needed clarity and predictability, others express concern that it could narrow worker protections or shift the balance in favor of employers.
Sasha noted that, at least in the First Circuit, the proposed framework may feel familiar rather than groundbreaking. “The factors that are being proposed are very similar to what the 1st Circuit already uses, so there should be some familiarity,” she said. “This is not a brand-new rule that is reinventing things, at least locally.”
She also emphasized the practical considerations for employers navigating the evolving standard, advising that businesses should remain thoughtful about how their operational structures may affect joint employment risk.
The article further discusses how the proposed rule builds on existing case law, including the Bonette factors, and reflects the DOL’s effort to create a more uniform and streamlined approach after prior regulatory attempts faced legal challenges.
To read the full article on Massachusetts Lawyers Weekly’s website, click here.
Sasha Thaler is a partner in Constangy’s Boston office and co-chair of the firm’s Investigations practice group. She advises employers on a wide range of labor and employment matters, including compliance with wage and hour laws, workplace investigations, and risk management strategies.
