Wage and Hour Division (WHD)
Section 64c09: Joint Employment
- When a worker with a disability is placed in competitive employment by a rehabilitation facility and the worker is supervised by a "job coach" supplied by the rehabilitation facility, the worker is jointly employed by the rehabilitation facility and by the establishment where he or she is placed. The two are considered joint employers even if the amount of supervision provided by the facility's "job coach" is as little as two hours per pay period and the establishment takes responsibility for paying the worker. A joint employment relationship is asserted in this circumstance because, by retaining some degree of control or supervision of the worker, the rehabilitation facility is acting in the interest of the establishment or the other employer (see Regulations 29 CFR Part 791.2(b)(2).
- As with all joint employment situations, either employer is responsible for FLSA compliance and can be held liable for back wages (see FOH 64h00). Requests for payment of back wages and process changes needed to achieve compliance, however, shall be directed first to the rehabilitation facility/agency. If this initial request secures the desired results, there is normally no need to contact the business entity jointly employing the worker with a disability.