“Will DOL’s proposed joint employer rule survive the courts?”

Robert Boonin was quoted in the HR Dive article “Will DOL’s proposed joint employer rule survive the courts?”. The article examines the U.S. Department of Labor’s newly proposed joint employer rule, which aims to refine and partially revive the Trump-era 2020 framework by clarifying when companies can be held liable for workers employed through staffing firms or subcontractors, while attempting to address earlier legal challenges that led to the prior rule being struck down. It explains that the proposal still relies on a four-factor test focused on control over hiring, supervision, pay, and records, but allows for additional considerations, all against the backdrop of increased legal uncertainty following the Supreme Court’s decision to limit deference to federal agencies.

Boonin describes the situation as a “wait and see,” noting that while the new rule improves on the previous version, it is not as strong in limiting employer liability, and he advises companies—especially those higher in employment structures—to reassess how much control they exert over partners like franchisees and consider less hands-on ways to manage those relationships.