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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 Retail Federation filings
1

Activity

National Retail Federation filed 1 comment on this docket between Jun 22, 2026 and Jun 22, 2026. 5 other organizations filed here. The comment window closed 36d ago.

What National Retail Federation filed (1)

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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Co-filers (5)

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