DOL Publishes Final Rule Rescinding the Trump-Era Joint Employer Rule
In tomorrow’s Federal Register, the Department of Labor will publish a final rule to rescind the Trump-era rule regulating joint employer status under the Fair Labor Standards Act that went into effect in March 2020. By rescinding the Trump-era rule, DOL is reverting to joint employer rules that were issued under the Obama Administration.
SWACCA has advocated against the prior Administration’s joint employer rule since it was first proposed in 2019. Most recently, SWACCA led the drafting and submission of comments in April with our allies in the Construction Employers of America (CEA) in support of DOL’s proposed rescission of the joint employer rule. Those comments were cited in the final rule rescinding the joint employer rule, with DOL noting that CEA stated that the Trump-era rule's analysis “replaced the historic focus on economic dependence for determining joint employment with a four-factor test for assessing the level of control the potential joint employer has over the workers at issue.”
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