Joint Employer Status Under the Fair Labor Standards Act, Family and Medical Leave Act, and Migrant and Seasonal Agricultural Worker Protection Act
The Department of Labor has not issued regulatory guidance on joint employer status under the FLSA, FMLA, and MSPA since 2021. This lack of clarity may affect childcare providers who use staffing agencies or franchise models, as they could be held jointly liable for labor law violations.
Aforeworn detected this change in the Childcare Licensing space on July 8, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Childcare providers using staffing agencies, multi-site operators, or franchise arrangements should confirm how it applies to their specific situation before acting. There is a time constraint attached: Ongoing; review within 90 days. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Childcare Licensing continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
No new guidance issued; existing uncertainty persists
Who it affects
Childcare providers using staffing agencies, multi-site operators, or franchise arrangements
What you must do
Review current staffing and franchise agreements to assess joint employer risk
Deadline
Ongoing; review within 90 days
Never miss a change like this again
Aforeworn watches Childcare Licensing around the clock and alerts you the moment a rule moves — with a plain-English brief on what to do.
Start your free trial