Federal Register #WHD-2026-0067

Proposed Rulemaking on Joint Employer Status Under Federal Labor Laws

This opportunity concerns a proposed rulemaking by the Department of Labor's Wage and Hour Division to clarify joint employer status under several federal labor laws. - Government Buyer: - Department of Labor, Wage and Hour Division - No OEMs or vendors are involved, as this is a regulatory action, not a procurement - No products or services are being requested - Notable Requirements: - Clarifies the determination of joint employer status under the Fair Labor Standards Act (FLSA) - Amends regulations for the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to align with FLSA's joint employer analysis - Establishes a uniform, nationwide standard for joint employer determinations - Aims to provide clarity, reduce litigation, and ensure consistent enforcement across federal and state levels

Description

This proposed rule by the Department of Labor aims to clarify how to determine joint employer status under the Fair Labor Standards Act (FLSA) and amend related regulations for the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to use the FLSA analysis. The rule seeks to provide clarity and uniformity for employers and employees, offering a nationwide standard for enforcement and reducing litigation. It addresses joint employer liability, employment definitions, and enforcement consistency across federal and state levels.

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