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WHDRulemakingWHD-2026-0067

Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act

RIN
1235-AA48
Last modified
Jun 23, 2026
Comment window
closed 36d ago
National Federation of Independent Business filings
1

Activity

National Federation of Independent Business filed 1 comment on this docket between Jun 17, 2026 and Jun 17, 2026. 5 other organizations filed here. The comment window closed 36d ago.

What National Federation of Independent Business filed (1)

Jun 17, 2026· Comment from National Federation of Independent Business, Inc. (NFIB)· WHD-2026-0067-0054

National Federation of Independent Business (NFIB) comment letter of June 16, 2026, in response to Department of Labor Wage and Hour Division notice of proposed rulemaking titled "Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act," RIN 1235-AA48, Docket No. WHD-2026-0067, 91 Fed. Reg. 21878 (April 23, 2026), is attached.

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Abstract

In this rulemaking, the Department proposes to clarify how to determine joint employer status under the FLSA in Part 791 of Title 29, where its joint employer regulations were located prior to 2021. Additionally, the Department is also proposing to amend provisions in its regulations implementing the Family and Medical Leave Act (FMLA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA) to provide that joint employer status under those laws be determined using the Department’s FLSA analysis, as the FMLA and MSPA both incorporate the FLSA’s employment definitions.

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