DOL Joint Employer Rule Expands Risk For H-2 Employers

April 25, 2026 · WOWERI

The US Department of Labor has proposed a new rule that could increase liability for employers that use temporary foreign workers. The changes could make employers jointly liable for wage violations.

Introduction

The US Department of Labor has proposed a new rule that could increase liability for employers that use temporary foreign workers. The changes could make employers jointly liable for wage violations.

What is Joint Employer Liability?

Joint employer liability means that multiple employers can be held responsible for wage violations, even if they do not directly employ the workers.

Impact on H-2 Employers

The new rule could increase the risk for employers that use temporary foreign workers under the H-2 program. These employers may be considered joint employers and held liable for wage violations, even if they do not directly employ the workers.

Source: law360.com