Policy Week in Review – April 24, 2026
At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal legislation, regulations, and congressional activity affecting the workplace. DOL Announces Proposed Rule on Joint Employment On April 22, the U.S. Department of Labor’s Wage and Hour Division announced a Notice of Proposed Rulemaking (NPRM) on joint employer status under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The NPRM proposes separate analyses to assess horizontal and vertical joint employment scenarios given the inherent differences between those business relationships. Additionally, the proposal advises that a potential joint employer’s “actual exercise of control” is more relevant than “reserved control” for determining vertical joint employer status. It also proposes to exclude from consideration factors relevant for assessin...