Affirming a 2013 district court ruling discussed in detail here, in a summary order the Court of Appeals for the Second Circuit held that Eastern District of New York Magistrate Judge Joan M. Azrack did not err in finding that home attendants employed by a not-for-profit agency who provided  personal care services to City residents were not “jointly employed” by the New York City Human Resources Administration under the FLSA. Godlewska v. Human Dev. Ass’n, 2014 U.S. App. LEXIS 6547 (2d Cir. Apr. 8, 2014).

The terse order does not expand greatly on Magistrate Azrack’s ruling, noting only that the Circuit Court “reviewed the factors” set forth in prior Second Circuit precedent on joint employer issues in assessing the economic reality of a putative employment relationship, and found “based on these factors and the totality of the circumstances” that no employment relationship existed.

Joint employment allegations continue to be brought against government entities, parent corporations and franchisors (among others).  Businesses and municipalities must analyze the putative “control” they exert over business partners’ workers to assess this issue.