Joint Employment Fact Sheet - Vertical

Joint Employment Fact Sheet - Vertical is a 1-page legal document that was released by the U.S. Department of Labor - Wage and Hour Division and used nation-wide.

FAQ

Q: What is joint employment?
A: Joint employment occurs when a worker is employed by two or more employers, who both have some control over the worker's employment conditions.

Q: What are the different types of joint employment?
A: There are two types of joint employment: horizontal and vertical. In this fact sheet, we are focusing on vertical joint employment.

Q: How is vertical joint employment defined?
A: Vertical joint employment exists when an employee has an employment relationship with one employer (referred to as the intermediary employer) and that employer is also subject to the control of another employer (referred to as the potential joint employer).

Q: Who is considered a potential joint employer in vertical joint employment?
A: A potential joint employer in vertical joint employment is an employer who has the power to exercise control over the terms and conditions of the worker's employment, either directly or indirectly.

Q: What factors determine if a potential joint employer is a joint employer in vertical joint employment?
A: The determination of joint employment in vertical joint employment depends on the extent of the potential joint employer's control over the worker, including control over hiring, firing, supervision, and control of employment conditions.

Q: What are the potential responsibilities of a joint employer in vertical joint employment?
A: In vertical joint employment, a joint employer may be responsible for complying with various labor and employment laws, such as minimum wage and overtime requirements.

Q: How does joint employment in vertical joint employment affect workers?
A: When two employers are considered joint employers in vertical joint employment, workers may have additional rights and protections under labor and employment laws, as both employers may be held accountable for violations.

Q: What should workers do if they believe they are subject to joint employment in vertical joint employment?
A: Workers who believe they are subject to joint employment in vertical joint employment should consult with an attorney or contact their local labor agency to understand their rights and seek appropriate remedies.