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Sunday, May 17, 2026

Policy Week in Review – April 24, 2026 - Littler Mendelson P.C.

The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace.

DOL Announces Proposed Rule on Joint Employment

On April 22, the U.S. Department of Labor’s Wage and Hour Division announced a Notice of Proposed Rulemaking (NPRM) on joint employer status under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The NPRM proposes separate analyses to assess horizontal and vertical joint employment scenarios given the inherent differences between those business relationships. Additionally, the proposal advises that a potential joint employer’s “actual exercise of control” is more relevant than “reserved control” for determining vertical joint employer status. It also proposes to exclude from consideration factors relevant for assessing employee status (as opposed to an independent contractor) when making a joint employment assessment. Public comments are due by 11:59 p.m. ET on June 22, 2026. Read here for the Department’s Q&A. Read here for Littler’s analysis.

Bipartisan “Know Your Labor Rights Act” Legislation Introduced in House and Senate

On April 21, Senators Josh Hawley (R-MO) and Maggie Hassan (D-NH) and Representatives Riley Moore (R-WV) and Marie Gluesenkamp (D-WA) introduced the “Know Your Labor Rights Act,” which would require all...



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