On another front in the ongoing joint employer battle, the clarification promised by the Department of Labor in the form of a new rulemaking defining joint employer under the provisions of the Fair Labor Standards Act (FLSA) has yet to be completed. The DOL had proposed that such a rule would be written and circulated by December 2018. Likewise, the DOL also had planned on a separate rulemaking to clarify how employers calculate “regular” and “basic” pay in making overtime payments so businesses enjoy “more flexibility in compensation and benefits packages offered to employees. That regulation too has also yet to be proposed. The National Labor Relations Board (NLRB) has already proposed its own regulation defining joint employer status under the National Labor Relations Act (NLRA) with the comment period on that particular proposal open for just over one more week, until Monday, January 14.