The U.S. Court of Appeals for the 2nd Circuit denied a request by the Department of Labor under President Biden to delay for 6 months, the filing of a DOL brief seeking to overturn the Trump administration rule on the joint employer issue. In the wake of the decision, DOL must still file its brief – if it is to file one – by May 7 in the litigation. The issue is caught between the differing philosophies on joint employer between the Trump and Biden administrations. Under President Trump, DOL filed an initial brief defending the administration’s new joint employer rule, however with President Biden now in the White House, DOL is looking to rescind the Trump rule and impose a new more worker-friendly standard going forward. DOL will continue with a new rulemaking effort to repeal the Trump standard – that effort is now in the public comment phase (extended again to June 25, 2021) – and will ultimately impose a new standard. A coalition of business interests joined the litigation to defend the Trump standard now that a new administration is in power.