Massachusetts High Court Adopts Federal Standard for Joint Employer Liability Under State Wage and Hour Law

​Last month in Jinks v. Credico (USA) LLC, the Massachusetts Supreme Judicial Court concluded that the appropriate method for determining whether two companies were “joint employers” for purposes of the Massachusetts wage and hour laws is to evaluate the “totality of the circumstances of the parties’ working relationship.” This is the same test courts apply when analyzing this issue under the federal Fair Labor Standards Act (FLSA).

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Under this test, a court focuses on whether the alleged employer: (1) had the power to hire and fire the employee, (2) supervised and controlled employee work schedules or conditions of employment, (3) determined the rate and method of payment, and (4) maintained employment records.

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