More egregious NLRB changes may still be in the on-deck circle, but DOL changes to the Trump-era definition of joint-employer are well on the way to reality. In fact, the White House Office of Management and Budget (OMB) is currently reviewing a new final rule proposed back in March by the Department of Labor Wage and Hour Division to rescind the Trump rule and reinstate a version of the over-reaching definition that was established under the Obama administration. You will recall that the Obama definition altered the historical requirement of direct control – replacing it instead, with the ability to control – and seemingly sought to clear the deck for easier unionization of fast-food workers at levels as local as the franchise store level.  Notwithstanding NLRB endorsement of the definition at the time, multiple states subsequently passed their own laws further providing more stringent definition of joint employer status to protect franchised businesses. OMB review, which can take weeks, is the final step in the federal regulatory process before the new rule is implemented. That said, expect lawsuits to be filed challenging the new rule. In other regulatory news, the Equal Employment Opportunity Commission (EEOC) has extended the deadline for covered employers (all private employers with 100 or more employees) to submit and certify their 20219 and 2020 EEO-1 Component 1 Data. The original deadline of July 19, 2021 has now been pushed back just over one month to August 23, 2021. Filing information is available on EEOC’s website at