DOL Joint Employer Rule Likely to Look Familiar, Attys Say

Labor and Employment attorney Timothy Taylor was interviewed for a Law360 article about how the U.S. Department of Labor (DOL) may approach a new joint employer rule under the Fair Labor Standards Act (FLSA) after the National Labor Relations Board (NLRB) formally reinstated its 2020 rule on the issue. The article explained that practitioners expect the agency to revisit the general framework of the first Trump Administration's 2020 rule as well as refine its legal rationale after a federal court invalidated the 2023 version, which the NLRB officially rescinded on February 25, 2026. Mr. Taylor noted that any forthcoming DOL proposal may follow a familiar path while differing in how the rule is structured and supported.

"At a strategic level, I think any new joint employer rule will resemble the previous Trump joint employer rule. At a tactical level, it may differ," he said.

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