×
Monday, May 18, 2026

DOL Issues Proposed Joint Employer Rule - SHRM

The U.S. Department of Labor (DOL) issued a proposed rule on April 22 to provide a single joint employer standard under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act. The proposed rule sets out different standards, however, for “vertical joint employment” and “horizontal joint employment,” and explains what those terms mean. It also provides examples of when the rule applies.

“The rule we propose today would deliver much-needed regulatory clarity in the face of divergent judicial precedent throughout federal courts of appeals. Clear guidance strengthens worker protections because it ensures that employees receive all wages and benefits they are owed, even if one employer is unable or unwilling to pay,” Wage and Hour Division Administrator Andrew Rogers said.

For each workweek that a person is a joint employer of an employee, that joint employer is “jointly and severally” liable with any other joint employers for compliance with all the applicable provisions of the FLSA for all the hours worked by the employee in the workweek. Joint and several liability means that all joint employers are each fully responsible for the entire amount of minimum wages and overtime pay due to the employee in the workweek, and that if one of them is unable or unwilling to pay, the others are responsible for the full amount owed. In addition, each joint employer may take credit toward minimum wage and...



Read Full Story: https://news.google.com/rss/articles/CBMioAFBVV95cUxQQzFaczMyN2FHWVUyZGc0VmJt...