The proposed rule, unveiled April 22, outlines four main factors for determining joint employment and is open for public comment until June 22.
It would apply under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act, aiming to simplify compliance and clarify employer responsibilities.
This move revives a Trump-era approach emphasizing actual control, following the resignation of Secretary Lori Chavez-DeRemer and ongoing debate over liability in franchise and staffing arrangements.
Does the new 'actual control' rule make it harder for temp workers to claim wages from larger companies?
Your business follows the new DOL rule, but could you still be a joint employer under your state's laws?
Can franchisors now offer more support without risking joint employer status?
A similar rule was struck down by courts before. What makes this new version legally different?
If an employee works for two related companies, when must their hours be combined for overtime pay?