The Center for Law and Social Policy submits these comments on the Department of Labor’s (“Department” or “DOL”) Notice of Proposed Rulemaking (“NPRM”) regarding the standard for determining who is a joint employer under the Fair Labor Standards Act (“FLSA”), the Family and Medical Leave Act (“FMLA”) and the Migrant and Seasonal Agricultural Worker Protection Act (“MSPA”), RIN 1235-AA48; Fed. Reg. Vol. 91, No. 78 (April 23, 2026).

The Proposed Rule improperly constricts the standard for determining joint employment, undermining the broad coverage Congress intended under the FLSA, FMLA, and MSPA. Narrowing the joint employment standard at a moment when the traditional employer-employee relationship is increasingly rare will severely limit workers’ access to vital statutory rights, including minimum wage, overtime pay, and job-protected leave.