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Labor Department Proposes Narrower Joint-Employer Rule Using Direct-Control Test

The proposal starts a 60-day review that could set a uniform, direct-control test later this year.

Overview

  • - The Labor Department proposed a rule that narrows when two businesses share legal responsibility for a worker’s wages and leave.
  • - The draft adopts a direct-control test that looks at who hires or fires, sets pay, directs daily work, and keeps employment records.
  • - The standard would apply across the Fair Labor Standards Act, the Family and Medical Leave Act, and farmworker protections to create one national approach.
  • - The agency opened a 60-day public comment period, and it said a final rule could follow later this year.
  • - Franchise groups praised the clarity while worker advocates warned of weaker wage-theft enforcement, and courts will decide how much weight to give the rule.