DOL Considering New Joint Employer Rule

The U.S. Department of Labor (DOL) has begun work on a new joint employer rule, which will likely replace the previous standard withdrawn by the National Labor Relations Board late last month.

The agency’s Wage and Hour Division submitted a new proposed rulemaking to the Office of Information and Regulatory Affairs (OIRA) on March 16. Once OIRA has completed its review, a process that can take days or several months, the rule will be published in the Federal Register.

Details on the proposed rule are not yet available; however, the Wage and Hour Division explained in the Spring 2025 Regulatory Agenda that it was considering adopting regulations that would guide enforcement of joint employer liability. This would also help promote greater uniformity among court decisions nationwide, the agency noted.