Conn. Agencies Regs. § 31-51qq-2 - What employers are covered by the act?
Current through August 18, 2021
(See 29 CFR § 825.104 )
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Sec. 31-51qq-2. What employers are covered by the act?
(See 29 CFR § 825.104)
(a) "Employer" is defined in section 31-51qq-1(i) of the Regulations of Connecticut State Agencies.
(b) Normally, the legal entity which employs the employee is the employer under FMLA. Applying this principle, a corporation is a single employer rather than its separate establishments or division.
(1) Where one corporation has an ownership interest in another corporation, it is a separate employer unless it meets the "joint employment" test discussed in section 31-51qq-3 of the Regulations of Connecticut State Agencies or the "integrated employer" test contained in subdivision (2) of this subsection.
(2) Separate entities shall be deemed to be parts of a single employer for purposes of FMLA if they meet the "integrated employer" test. Where this test is met, the employees of all entities making up the integrated employer shall be counted in determining employer coverage and employee eligibility. A determination of whether or not separate entities are an integrated employer is not determined by the application of any single criterion, but rather the entire relationship shall be reviewed in its totality. Factors considered in determining whether two or more entities are an integrated employer include:
(A) Common management;
(B) Interrelation between operations;
(C) Centralized control of labor relations; and
(D) Degree of common ownership/financial control.
(c) An "employer" includes any person who acts directly or indirectly in the interest of an employer to any of the employer's employees. The definition of "employer" in section 3(d) of the Fair Labor Standards Act (FLSA), 29 U.S.C. 203(d), similarly includes any person acting directly or indirectly in the interest of an employer in relation to an employee. As under the FLSA, individuals such as corporate officers "acting in the interest of an employer" are individually liable for any violations of the requirements of the FMLA.
(Adopted effective March 9, 1999)