Joint Employer Rules Are Developing, But Still Far From Clear

The U.S. Department of Labor recently proposed a new rule that would significantly revise its interpretation of joint employer status under the Fair Labor Standards Act. The DOL’s proposed rule, the first such proposed modification in over 60 years, follows the National Labor Relations Board’s issuance of a proposed rule on joint employer status, as well as recent litigation over the NLRB’s controversial joint employer test adopted in Browning-Ferris Industries of California Inc.

With the comment period for the DOL’s proposed rule in the early stages, and the NLRB to issue a final rule on the joint employer standard in the near term, will the tumultuous joint employer debate finally come to an end?