On April 23, 2026, the U.S. Department of Labor issued a proposed rule addressing joint employer status under the Fair Labor Standards Act (FLSA). On June 22, 2026, the Office of Advocacy submitted public comments on the proposed rule.
Advocacy commends the DOL for adopting a uniform federal standard for joint employer definition because it provides clarity, uniformity, and predictability to the employment process. Advocacy convened a roundtable of small business stakeholders across multiple industries to gather input on this rule. Participants at Advocacy’s roundtable recommend that the DOL finalize a definition of joint employment that clarifies the reserved/indirect control provisions and limits the joint employer analysis to the four enumerated primary factors.
COMMENT LETTER:
Joint Employer Status Under the FLSA, FMLA, and MSPA
(PDF, 191 KB)
FEDERAL REGISTER NOTICE:
CONTACT:
Janis Reyes
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