5th Cir. Pattern Jury Instr. (Civil) 11.27

A. Committee Notes

This charge is for FLSA cases in which there is a

fact issue about joint employment.

If an employee performs work that simultaneously

benefits two or more employers, or works for two or

more employers at different times during the workweek,

a joint-employment relationship may arise. The common situations for finding a joint-employment relationship are:

(1) where there is an arrangement between the employers to share the employee’s

services, as, for example, to interchange employees; or

(2) where one employer is acting directly

or indirectly in the interest of the other employer (or employers) in relation to the employee; or

(3) where the employers are not completely disassociated with respect to the employment of a particular employee and may be

deemed to share control of the employee,

directly or indirectly, by reason of the fact that

one employer controls, is controlled by, or is

under common control with the other employer.

29 C.F.R. § 791.2(b) (footnotes omitted).

1

1In addition to the regulations, the U.S. Department of Labor has issued several opinion letters emphasizing that the ultimate question is one

of economic dependence and suggesting additional factors to review in

determining joint employment, including: the power to control or supervise

the workers and work; power to hire, fire, or determine the permanency

and duration of the relationship; the level of skill; whether the worker’s

activities are an integral part of overall business operations; where the