Joint Employment and Successor in Interest
A determination of whether a joint employment relationship exists is not based on any single criterion; rather the entire relationship must be considered.
A joint employment relationship will generally be considered to exist where:
Factors considered in determining which employer is the primary employer in a joint employment relationship include the authority or responsibility to:
For more information concerning joint employers' responsibilities to reinstate an employee after FMLA leave, see Employee Reinstatement – Joint Employment.
Please contact your nearest Wage and Hour Division office if you have additional questions about joint employment and employer coverage.
For more information on this aspect of the FMLA, see the FMLA regulations:
Successor in Interest
A determination of whether or not a "successor in interest" exists is not based on any single criterion; rather the entire circumstances must be considered.
Whether or not the successor has notice of the employee's claim to FMLA leave is not a consideration for purposes of the FMLA. Such notice may be relevant, however, in determining successor liability for violations of the predecessor.
Factors to be considered in establishing successor in interest for coverage include:
Please contact your nearest Wage and Hour Division office if you have additional questions about successor in interest and employer coverage.
If you believe that the employer is covered as a joint employer or successor in interest, or if you want to learn about determining employee eligibility for covered employers, continue to Employee Eligibility.
For more information on this aspect of the FMLA, see the FMLA regulations: § 825.107
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