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FMLA - Joint Employer

temtem 7 Posts
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Under the term joint employer, would sales agents that are employed by another Company but earn commissions for selling my Company's insurance put us in the Joint Employer definition?
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  • awilliamsawilliams 258 Posts
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    That is a great question. I would need to know many more facts about your situation in order to answer the question, however. Do these employees appear on your payroll, or are they purely commission-only independent contractors? Do you pay them directly, or do you pay another company for their use? These are good questions to discuss with your counsel to determine whether you should count these indivuals for FMLA purposes. The definition of "joint employer" is set forth in the FMLA regulations at 29 CFR 825.106. You should be able to access these regulations online either through the DOL website, or through the CFR site. E-mail me at [email]awilliams@mleesmith.com[/email] if you need help finding them.

    FYI- to all viewers, I have a copy of the FMLA regulations that I keep right on my desk so I can reference it quickly. It is so dog-eared I am thinking of getting it laminated! It might be a good idea for you to make a reference copy for yourself to have onhand at all times.


    Anne Williams
    Attorney Editor
    M. Lee Smith Publishers

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  • temtem 7 Posts
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    We pay both the agent and the agency depending on the type of agreement they have with our company. We send all the agents & agencies 1099s the following year. We do not take taxes from the commission payments.

    Are these agents considered "independent contractors" therefore making us liable for FMLA?

    Thanks so much for your help!
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