A key change from the 2020 rule is that it now sweeps in the FMLA and MSPA as well.
In a new proposed rulemaking, the Labor Department seeks to clarify how to determine joint employer status under the FLSA in Part 791 of Title 29, where its joint employer regulations were located prior to 2021. Additionally, it proposes to amend provisions in its regulations implementing the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to provide that joint employer status under those laws be determined using the same FLSA analysis being proposed.
“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,” said Wage and Hour Division Administrator Andrew Rogers. “The proposal would also reduce compliance and litigation costs for employers while helping Wage and Hour Division investigators identify what is and is not a joint employment relationship.”
2020 rule. The 2020 joint-employer rule was published during the first Trump administration and it revised and updated the DOL’s regulations interpreting joint-employer status under the FLSA and updated guidance for determining joint-employer status when an employee performs work for their employer that simultaneously...
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