Same Filling, Different Chocolate Coating – the DOL’s New Proposed Joint Employer Rule

On April 23, 2026, the U.S. Department of Labor (“DOL”) published a notice of proposed rulemaking for a new joint employer rule that would set a uniform test for joint employer status for purposes of the Fair Labor Standards Act (“FLSA”), Migrant and Seasonal Workers Protection Act (“MSPA”), and the Family and Medical Leave Act (“FMLA”). This article explains what this test does, how it is different from the previous joint employer rule promulgated by the DOL, and what may happen with it in the... By: Seyfarth Shaw LLP