T
hree administrations, multiple rules, and still no settled federal standard on joint employment. The DOL’s new proposed rule is the latest attempt to end that uncertain
t
y.
TL;DR: The U.S. Department of Labor has proposed a new rule establishing a single nationwide standard for determining joint employer status under the FLSA, FMLA, and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The proposal sets out separate analyses for “horizontal” and