The Small Business Administration’s Office of Advocacy has scheduled a Small Business Labor roundtable on May 28, 2026 from 2:00 pm to 4:00 pm EST to discuss the U.S. Department of Labor’s (DOL) 2026 proposed rule on the definition of “joint employer” and employer liability.

When an individual works for two or more companies simultaneously, which employer is responsible for complying with federal labor laws for minimum wage and overtime will be determined by whether they meet the joint employer standard set forth by DOL.

The rule would provide regulatory guidance for determining joint employer status under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act. DOL is proposing to reinstate its 2020 final rule, which was rescinded in 2021, with a few changes.

The Office of Advocacy is responsible for monitoring compliance with the Regulatory Flexibility Act, which seeks to minimize the regulatory burden on small entities. Small entities consist of small businesses, small governmental jurisdictions, and small organizations—the latter of which are generally defined as any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.

The Roundtable affords small entities potentially impacted by the proposed rule the opportunity to share their opinion on the rule with the Office of Advocacy virtually.