1235-AA48 202510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1235 Wage and Hour Division WHD 1200 Department of Labor DOL Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act

Since 2021, the Department has had no generally-applicable regulatory guidance addressing joint employer liability under the Fair Labor Standards Act (FLSA).  The Department is considering a notice of proposed rulemaking to provide interpretive guidance on FLSA joint employer liability at 29 CFR part 791 (where it was located prior to 2021), and also to amend provisions in the Department’s regulations for the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Workers Protection Act (MSPA) to advise that joint employer status under those laws should be determined using the Department’s FLSA analysis.

]]> Economically Significant Previously Published in The Unified Agenda Proposed Rule Stage Yes No Deregulatory 29 CFR 500.20(h)(5) 29 CFR 791 29 CFR 825.106 29 CFR 780.305(c) and 780.331(d) 29 U.S.C. 201 et seq 29 U.S.C. 1861 29 U.S.C. 2654 Yes

Since 2021, the Department has had no generally-applicable regulatory guidance addressing joint employer liability under the Fair Labor Standards Act (FLSA).  The Department is considering a notice of proposed rulemaking to provide interpretive guidance on FLSA joint employer liability at 29 CFR part 791 (where it was located prior to 2021), and also to amend provisions in the Department’s regulations for the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Workers Protection Act (MSPA) to advise that joint employer status under those laws should be determined using the Department’s FLSA analysis.

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The Department’s authority to interpret the FLSA comes with its authority to administer and enforce it. See 29 U.S.C. 201-219. The Department’s authority to interpret the FMLA and MSPA is delegated by statute. 29 U.S.C. 2654 (FMLA); 29 U.S.C. 1861 (MSPA).

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Under development

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Under development

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Under development

]]> NPRM 07/00/2026 No Undetermined No No No Daniel Navarrete Director, Division of Regulations, Legislation, and Interpretation (DRLI) 1235 Wage and Hour Division WHD 202 693-0406 navarrete.daniel@dol.gov 200 Constitution Avenue NW, Room S-3502, Washington DC 20210