Joint Employer Relationships: Risks and Tips for Mitigation 2026

overview faculty related courses This program is eligible for 2 hours of CLE credit in 60-minute states. In 50-minute states, this program is eligible for 2.4 hours of CLE credit. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. Overview Under federal and Pennsylvania law, an “employer” is not simply the company that issues an employee’s paycheck—it is the one (or two or three) with control over an employee’s day-to-day responsibilities, work rules, and schedules. This is a straightforward analysis in many cases, but in others, particularly here in Pennsylvania, it is far more complicated. Pennsylvania has experienced a rapid increase in contracted labor, franchise businesses, and large-scale construction projects, each rife with risk of creating the exact sort of shared control that may give rise to a joint employer relationship with third party businesses and, with it, liability for certain employment and other legal claims by their employees. This program will educate attendees regarding the joint employer framework, including the “control” factors that federal and Pennsylvania courts consider in determining whether a joint employment relationship exists; and strategies to mitigate risk of joint employer liability to employees of third party agencies, franchisees, and subcontractors. Faculty Katherine J. McLay, Esq. Katherine J. McLay, Esq. Katherine McLay is a practical, results-oriented litigator who partners with employers to defend against claims arising under federal and state laws, mitigate risks by streamlining internal personnel practices, and manage risks and demands of an organized workplace.Clients frequently rely upon Katherine to defend them against discrimination claims arising under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, putative class actions alleging noncompliance with federal wage and hour regulations, and contentious disputes relating to contractual restrictive covenants and unlawful competition. Since joining Jones Day, Katherine has been instrumental in securing dismissals of high-profile whistleblower and wrongful termination claims and managing injunction proceedings that put an end to illegal picket line activity during a large-scale labor strike. Her practical approach to litigation strategy and case management are valuable assets in securing those and other meaningful results for clients. Katherine is a frequent presenter in local legal education seminars and a co-teacher of a deposition skills course at Duquesne University School of Law. She also serves as a governor of the University of Pittsburgh Law Alumni Association, where she supports her alma mater by providing leadership among the law school’s vast alumni network and mentorship to members of its current student body. Liz B. McRee, Esq. Liz B. McRee, Esq. Liz McRee has more than 20 years of experience representing corporate clients in class action and complex employment litigation in state and federal courts across the country. She handles cases arising under state and federal wage and hour and antidiscrimination laws, including the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Liz has extensive experience in wage and hour matters and has a strong record of defeating certification in class and collective actions. She is co-leader of the Firm’s Labor & Employment Practice. In addition to representing employers in litigation, Liz advises corporate clients on a variety of labor and employment issues, including sensitive executive, investigations, reductions in force, pay equity audits, wage and hour compliance, and restrictive covenants. She also has substantial experience advising clients on independent contractor classification issues and joint employment risk mitigation. Liz was named a 2023 Notable Leader in Employment & Labor Law by Crain’s Chicago Business, a 2022 Midwest Trailblazer by The American Lawyer, and a 2021 Employment Law Trailblazer by The National Law Journal. She is a frequent speaker on class action and employment law topics. She is a former vice chair and chair of The Chicago Bar Association Labor & Employment Committee. She has been recognized for her work and recommended in Chambers USA, The Legal 500, and Lawdragon. Liz is active in the Chicago community and serves on the board of directors of Family Focus, a nonprofit that promotes the well-being of children from birth by supporting and strengthening families in and with their communities. Need help navigating your CLE requirements? You have a lot on your plate. We’ll help you stay on top of your compliance — in PA and beyond. learn more Related Courses On-Demand Video CC Ethics in Employment Law (2022 Employment Law Institute Session) City: Start Date:2022-04-26 20:00:00 End Date:2024-04-26 20:00:00 Length: Level:Intermediate Topics:Labor & Employment $79.00 ProPass Credits [{"jurisdiction":"Pennsylvania Continuing Legal Education Board","status":"Approved","state":"Pennsylvania","credits":"","expiration_date":"April 26, 2027","speciality_credit":[{"category":"Ethics and Professional Responsibility","state_category":"Ethics","credit":"1.0"}]}] Credit States Status Credits Earn credit until Add to cart On-Demand Video CC Hot Issues in Wage and Hour Law City: Start Date:2022-08-24 20:00:00 End Date:2024-08-24 20:00:00 Length: Level:Intermediate Topics:Labor & Employment $249.00 ProPass Credits [{"jurisdiction":"Pennsylvania Continuing Legal Education Board","status":"Approved","state":"Pennsylvania","credits":"","expiration_date":"August 24, 2027","speciality_credit":[{"category":"General","state_category":"General","credit":"3.0"}]}] Credit States Status Credits Earn credit until Add to cart On-Demand Video CC ADA Update: Reasonable Accommodations in the Workplace 2022 City: Start Date:2022-09-11 20:00:00 End Date:2024-09-11 20:00:00 Length: Level:Intermediate Topics:Labor & Employment $249.00 ProPass Credits [{"jurisdiction":"Pennsylvania Continuing Legal Education Board","status":"Approved","state":"Pennsylvania","credits":"","expiration_date":"September 11, 2027","speciality_credit":[{"category":"Ethics and Professional Responsibility","state_category":"Ethics","credit":"1.0"},{"category":"General","state_category":"General","credit":"2.0"}]}] Credit States Status Credits Earn credit until Add to cart