On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM)
on joint employment under the Fair Labor Standards Act—the
third proposed rule published by the agency in the last two
weeks.
No, this is not an April Fool's joke! After over two years
of regulatory inactivity, the DOL's Wage and Hour Division
appears to be rushing to complete its regulatory agenda before the
2020 presidential election season. The DOL published the proposed
rule on the minimum salary level for overtime exemptions on March
22 and, on March 28, published the proposed rule on types of
compensation that must be included from the overtime calculation.
Public comments are due on these two NPRMs on May 21, 2019 and May
28, 2019, respectively. Public comments on the joint employment
NPRM most likely will be due in early June—60 days after
official publication in the Federal Register, expected
later this week.
