“On April 23, 2026, the U.S. Department of Labor (“DOL”) published a proposed joint employer rule (“Proposed Rule”) that would apply to the Fair Labor Standards Act (“FLSA”), the Family and Medical Leave Act (“FMLA”), and the Migrant and Seasonal Agricultural Worker Protection Act (“MSPA”). The Proposed Rule seeks to clarify when two or more entities simultaneously employ the same worker (i.e., when they are joint employers) and thus, share legal obligations under the FLSA, FMLA, and MSPA.  Specifically, if the Proposed Rule is adopted, vertical joint-employer status would be determined by, in pertinent part, a four-factor test focused on whether a potential joint employer actually controls key employment decisions, such as hiring, firing, supervision, scheduling, pay, and maintaining employment records, while horizontal joint-employer status would result if two entities are “sufficiently associated.” Regardless of whether an employer qualifies as either a vertical or horizontal joint employer, the employer would have legal obligations under the FLSA, FMLA, and/or MSPA.”