On April 1, 2019, the DOL issued a Notice of Proposed Rulemaking (NPRM), relating to whether two or more entities are “joint employers” for purposes of the Fair Labor Standards Act (FLSA).  This arrangement becomes significant when determining overtime for an individual who does not work overtime at either employer, but combined, does (and thus, would be owed overtime if it was a single employer).  As important as this is, the rule has not been amended since 1958 and was overdue.  The DOL is proposing a four-factor test at 29 C.F.R. § 791.2.  The “four factors are whether the other [employer]: (i) Hires or fires the employee; (ii) Supervises and controls the employee’s work schedule or conditions of employment; (iii) Determines the employee’s rate and method of payment; and (iv) Maintains the employment records.”