View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOL/WHD RIN: 1235-AA26 Publication ID: Fall 2018 
Title: ●Joint Employment Under the Fair Labor Standards Act 

In this Notice of Proposed Rulemaking, the Department will propose to clarify the contours of the joint employment relationship to assist the regulated community in complying with the Fair Labor Standards Act.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 29 CFR 791   
Legal Authority: Fair Labor Standards Act, 29 U.S.C. 201 et seq.   
Legal Deadline:  None

Statement of Need:

The majority of 29 CFR part 791 was promulgated sixty years ago.  The Department believes that changes in the 21st century workplace are not reflected in its current regulatory framework.  Consistent with the Administration’s priorities to enact administrative reforms and provide clarity to enhance compliance, the Department is considering changes to its regulations concerning joint employment under the Fair Labor Standards Act.  These proposed changes are intended to provide clarity to the regulated community and thereby enhance compliance.  The Department believes the proposed changes will help to provide more uniform standards nationwide.

Summary of the Legal Basis:

This regulation is authorized by sections 3(d), (e), and (g) of the Fair Labor Standards Act, 29 U.S.C. 203(d), (e), and (g).  Part 791 constitutes the official interpretation of the Department with respect to joint employment.


Alternatives will be developed in considering any proposed revisions to the current regulations. The public will be invited to provide comments on any proposed revisions and possible alternatives.

Anticipated Costs and Benefits:

The Department will prepare estimates of the anticipated costs and benefits associated with the proposed rule.


This action does not affect public health, safety, or the environment.

Action Date FR Cite
NPRM  12/00/2018 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Melissa Smith
Director, Regulations, Legislation and Interpretations
Department of Labor
Wage and Hour Division
200 Constitution Avenue NW., Room S-3502,
Washington, DC 20210
Phone:202 693-0406
Fax:202 693-1387