Feds to revisit overtime, joint employment rules

The DOL and NLRB notices represent the latest update in a years-long debate on both topics, and neither comes as a surprise.

Following much back-and-forth at the end of the Obama administration, today's FLSA overtime threshold sits just above $35,000 per year, meaning employees who make less are entitled to minimum wage and overtime. Congressional Democrats earlier this year called for a substantial increase, to more than $82,000. In July, DOL confirmed that it was reviewing the threshold, considering an increase and automatic updates; Friday's announcement may represent the first step in that process.

NLRA joint employment liability has seen similar debate in recent years. The latest update was a Trump-era rule that narrowed joint employment and is the subject of ongoing, high-profile litigation. Just this week, Bloomberg Law reported that employer groups in favor of that standard had hired Philip Miscimarra — NLRB's chair during the Trump administration — to defend the rule.

Friday's announcements included few details about what the regulations might entail; more information and an invitation to comment are likely to come in the formal proposals.