It’s no surprise, but becoming more apparent with each day that the positions taken by the Department of Labor and the National Labor Relations Board under President Biden will be more closely aligned with the anti-business posture adopted under the Obama administration than the free-market positions espoused under President Trump. As a glaring case in point, the Department of Labor (DOL) published new proposals in the Federal Register on March 12 that seek to rescind final regulations adopting under the Trump administration. The first deals with the definition of Independent Contractor status under the Fair Labor Standards Act (FLSA), but the more impactful one to franchisees would strike the final rule relating the definition of joint employer. With publication in the Federal Register, the clock for public comment on the proposed rule begins and interested parties have until April 12 to submit their comments. The Trump DOL established a four-factor balancing test to determine joint employer applicability under the FLSA. That test required that the joint employer directly: hire or fire; supervise and control and employee’s work schedule to a substantial degree; determine the employee’s rate and method of payment; and maintain the employee’s employment records. No single factor was dispositive in determining joint-employer status. The public comment period on the proposed rescission is open until April 12 at www.regulations.gov