DOL Extends Comment Periods for Proposed Joint Employer and Regular Rate Regulations

May 20, 2019

The U.S. Department of Labor (DOL) has extended the period for public comment on recently-issued Notices of Proposed Rulemaking (NPRM) regarding amendments to the regulations concerning determination of the “regular rate” of pay under the Fair Labor Standards Act (FLSA) and to amendments clarifying what constitutes a “joint employer”.

The NPRM regarding the regular rate was published on March 29, 2019 and the NPRM regarding joint employers was published on April 9, 2019, both with 60-day public comment periods. With the just-announced extensions, the new deadline for submitting comments regarding the proposed regular rate rulemaking will be June 12, 2019 and the deadline for comments regarding the proposed joint employer regulations will be June 25, 2019.

Notably, the DOL hasnotannounced a similar extension of the comment period for the NPRM it recently issue on a proposed increase in the salary level requirements for the white collar exemptions. That comment period expired on May 21, 2019.