On February 28, the Wage & Hour Division sent to the White House Office of Information and Regulatory Affairs its long-awaited regulatory proposal on joint employment. Not much is known about the proposal, which was described in the Regulatory Agenda as addressing the changes in the workplace in the 60 years since most of 29 CFR 791 was issued. WHD stated that it was proposing changes "intended to provide clarity to the regulated community and thereby enhance compliance . . . and help to provide more uniform standards nationwide." The joint employer regulation joins WHD's proposed rules increasing the minimum salary level for exemption and revising the basic and regular rate regulations in the White House review process. We expect the exemption and regular rate proposals to be made public in the next couple of weeks, with the joint employer proposal following shortly thereafter.
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