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DOL/WHD

RIN: 1235-AA48

Publication ID: 2026

Title: Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act
Abstract: 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.
Agency: Department of Labor(DOL)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: No
EO 14192 Designation: Deregulatory
CFR Citation: 29 CFR 500.20(h)(5) 29 CFR 791 29 CFR 825.106 29 CFR 780.305(c) and 780.331(d)
Legal Authority: 29 U.S.C. 201 et seq 29 U.S.C. 1861 29 U.S.C. 2654

Legal Deadline: None

Statement of Need:

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.

Summary of the Legal Basis:

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).

Alternatives:

Under development

Anticipated Costs and Benefits:

Under development

Risks:

Under development

Timetable:

Action	Date	FR Cite
NPRM	07/00/2026

Regulatory Flexibility Analysis Required: No	Government Levels Affected: Undetermined
Federalism: No
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Daniel Navarrete Director, Division of Regulations, Legislation, and Interpretation (DRLI) Department of Labor Wage and Hour Division 200 Constitution Avenue NW, Room S-3502, Washington, DC 20210 Phone:202 693-0406 Email: navarrete.daniel@dol.gov