BREAKING: DOL issues proposed rule on joint employers

Category: Federal & State Compliance

Written by Robin E. Shea From Constangy Brooks Smith & Prophete LLP on April 9, 2026

The rule would apply to the FLSA, the FMLA, and the Migrant and Seasonal Agricultural Worker Protection Act.

The U.S. Department of Labor released today a preview of proposed regulations on joint employers under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. According to the DOL, the proposal is intended to streamline compliance and resolve splits among the federal appellate courts.

The proposed regulations will be formally published tomorrow in the Federal Register.

Jim Coleman, chair of our Wage and Hour Compliance & Litigation Practice Group, is reviewing the proposed regulations and will have an in-depth analysis soon. Don’t go away!