Joint Employer: New Rule

A "joint employer" is when different entities exercise enough control over a worker that they have each formed an employment relationship with that worker. Thus, one worker could be an employee of multiple entities, even if those entities are not associated with one another (think, for instance, the maintenance crew vendor employees who take direction from the customer about what to do/when/how, etc.).

In an effort to clarify "joint employer," the National Labor Relations Board ("NLRB") published its new highly anticipated final rule on the "Standard for Determining Joint Employer Status." The 2020 rule is out; this 2023 rule is it now. The 2020 rule said that to prove a joint employer relationship, the worker would have to show proof of "direct and immediate control" being exercised over the "essential terms and conditions" of that person's employment. Now, a joint employer relationship can be established if "the employer possesses the authority to