Even with the changes to Joint Employer status made the NLRB recently, employers still need to be concerned about legal claims related to joint employer status. This article from POLITICO is a great illustration of the risk.
A dentist is suing MetLife insurance company, arguing that she was one of about 100 people to be misclassified as an independent contractor and therefore denied overtime pay and benefits.
“The contracts under which Ms. [Carol] McNeely and other Collective Action Members worked until November 1, 2017 were consistent with their being employees of MetLife,” according to the complaint, which was filed today in a U.S. District court in New York. “Until November 1, 2017, MetLife also controlled the means and manner by which Members perform their job duties. This control, and MetLife’s other behavior toward Members set forth in the Complaint, makes Ms. McNeely and other Collective Action Members employees rather than independent contractors.”
The lawsuit argues that MetLife avoided paying employment taxes and overtime wages and didn’t provide pensions and health insurance to dentists who were hired as consultants to evaluate claims from policy holders.