In October, we wrote about the NLRB’s new, far looser standard for analyzing a potential joint-employer relationship. The DOL has followed suit and recently released an Administrator’s Interpretation Letter addressing joint employment under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act. The Letter identifies two methods—horizontal and vertical—for analyzing joint employment in cases. The horizontal method finds joint employment when two or more employers separately employ an employee and are sufficiently associated with each other concerning the employee. Separate restaurants that share economic ties and are controlled by the same managers can be considered joint employers. The vertical method examines whether an employee of one employer is also economically dependent on another employer. For example, a construction worker who is jointly employed by a subcontractor and the general contractor fits into this category. Be careful. The DOL, like other governmental agencies, will continue to investigate possible joint-employment relationships.