New rule would align FLSA, FMLA, and MSPA joint employer tests for the first time.
The U.S. Department of Labor's Wage and Hour Division has published a proposed rule to establish a single nationwide standard for determining joint employer status under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act. The proposal addresses divergent federal circuit court precedent by proposing an aligned analysis across all three statutes. A 60-day public comment period closes June 22, 2026 at 11:59 p.m. EDT. Joint employers are jointly and severally liable for all wages, overtime premiums, and other employee rights under the covered laws.
Sources
DOL Proposes Joint Employer Standard Under FLSA FMLA MSPA
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