Skip to content
  • On March 16, the Department of Labor’s Wage and Hour Division submitted for review a new proposed rulemaking on joint employer status under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act. Wage and Hour explained the basis for the rule:

    “Since 2021, the Department has had no regulatory guidance addressing joint employer liability under the Fair Labor Standards Act (FLSA).  The Department is considering a notice of proposed rulemaking to adopt regulations that would guide WHD’s enforcement of FLSA joint employer liability, and help promote greater uniformity among court decisions nationwide.”

    The review can last anywhere from a few days to several months. Once we have the proposal, we will be drafting comments accordingly. 
  • OSHA issued a press release announcing its new “OSHA Cares” initiative, described as an “agency-wide effort focused on helping businesses meet federal workplace safety requirements, while also building strong, successful safety and health programs that benefit employers and workers.” OSHA states the initiative is intended to “strengthen customer service” and “prioritize prevention and collaboration,” with a focus on making the agency “more approachable” and encouraging employers to “seek assistance or guidance to improve safety and health at their worksite.”

    As part of this effort, OSHA highlights expanded compliance assistance, including “increasing access to OSHA experts and compliance assistance specialists,” “improving access to educational and training materials,” and offering “consistent workplace assistance during enforcement visits and meetings.” Notably, OSHA’s Directorate of Enforcement Programs is “launching a training program that will standardize how the agency’s Compliance Safety and Health Officers will offer real-time assistance during inspections and enforcement activities.”