Home > Insights & Resources > Blog Posts > BREAKING: DOL Unveils New Proposed Rule for Joint Employer Liability

BREAKING: DOL Unveils New Proposed Rule for Joint Employer Liability

April 22, 2026 By Keith E. Kopplin and Zachary V. Zagger

On April 22, 2026, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) released a proposed rule for determining when multiple employers may be held jointly liable under the Fair Labor Standards Act (FLSA) that the department says stems from the “commonalities” of federal court precedents and resolves the circuit split to create a nationwide standard.

American flag flapping in front of corporate office building in Lower Manhattan

The proposed rule, titled “Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave,” would further address the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The proposed rule is set to be published in the Federal Register on April 23, 2026.

This is a breaking development, and Ogletree Deakins’ Wage and Hour Practice Group will provide further reporting.

Authors

Keith E. Kopplin

Shareholder, Milwaukee

Zachary V. Zagger

Senior Marketing Counsel, New York

Topics

Wage and Hour

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