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DOL/WHD RIN: 1235-AA26 Publication ID: Fall 2019 
Title: Joint Employer Status Under the Fair Labor Standards Act 
Abstract:

In this Notice of Proposed Rulemaking, the Department proposed to update and clarify the contours of the joint employer relationship status under the Fair Labor Standards Act to assist employers in complying with the Act.

 
Agency: Department of Labor(DOL)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  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:

29 CFR part 791 has not been meaningfully revised since its promulgation over 60 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 employer status 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 promote greater uniformity among court decisions nationwide.

Summary of the Legal Basis:

This regulation is authorized by the Fair Labor Standards Act, 29 U.S.C. 201-219; Reorganization Plan No. 6 of 1950; and Secretary’s Order 01-2014 (Dec. 19, 2014), 79 FR 77527.  Part 791 constitutes the official interpretation of the Department with respect to joint employer status under the Act.

Alternatives:

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 prepared estimates of the anticipated costs and benefits associated with the proposed rule.

Risks:

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

Timetable:
Action Date FR Cite
NPRM  04/09/2019  84 FR 14043   
NPRM Comment Period Extension  05/14/2019  84 FR 21301   
NPRM Comment Period Extension End  06/25/2019 
Final Rule  12/00/2019 
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:
Amy DeBisschop
Director of the Division of Regulations, Legislation and Interpretation
Department of Labor
Wage and Hour Division
200 Constitution Avenue NW., FP Building, Room S-2502,
Washington, DC 20210
Phone:202 693-0406