The forthcoming rule is expected to be friendlier to employers than present Fair Labor Standards Act regulations, one attorney told HR Dive.

• The U.S. Department of Labor advanced last week a proposed joint employer rule implementing laws such as the Fair Labor Standards Act and the Family and Medical Leave Act, according to a notice published by the White House Office of Management and Budget.
• DOL provided no additional details on the proposal, which OMB indicated was received March 16. The department previewed the rule last year as part of its Spring 2025 regulatory agenda, stating that the proposal would aim to “promote greater uniformity among court decisions nationwide.”
• The department last revised its joint employer regulations in 2021, when the Biden administration rescinded a rule issued during President Donald Trump’s first administration. Employers should expect the forthcoming rule to be a business-friendly regulation that will result in fewer joint employment relationships, Keith Kopplin, co-chair of Ogletree Deakins’ wage and hour practice group, said in an email.

DOL’s joint employer regulations address scenarios in which two or more employers share control of one employee’s terms and conditions of employment — and therefore responsibility for compliance with the FLSA, FMLA and Migrant and Seasonal Agricultural Worker Protection Act.

The exact definition of what constitutes a joint employer has shifted over time. The first Trump administration’s...

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