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can an employer hide from a lawsuit using a shell company or a Personnel company the answer is no based on two concepts one is called Joint Enterprise and the second concept is called Joint employer Ill explain the second one the law is establishing joint employer is very specific to the state and jurisdiction that youre in and so Im going to talk to you only about Fair labor standards act violation or flsa overtime lawsuit so in that context across the board across the country the Department of Labor has given us some guidance on what is called Joint employer or what is considered joint employer joint employers when you have one employee being chaired by two employers or youre having two employees that are switching employees back and forth scenario number two is when you have one employer acting in the interest of another employer so think of a Personnel company or a labor company thats providing employees but theyre providing those employees in the interest of their customer t