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ARTICLE · 07 NOVEMBER 2023

NLRB Issues Final Rule On Joint-Employer Status

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On October 26, 2023, the National Labor Relations Board (NLRB or "the Board") issued its long-awaited final rule ("New Rule") addressing the standard for determining joint-employer status under the...

United StatesEmployment and HR
Brantley Smith
Brantley Smith
Peter Loh
Peter Loh
Mark Neuberger
Mark Neuberger
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On October 26, 2023, the National Labor Relations Board (NLRB or "the Board") issued its long-awaited final rule ("New Rule") addressing the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The new rule is effective December 26, 2023. By issuing the new rule, the Board rescinds and replaces the previous rule issued under the Board when it was controlled by appointees of former President Donald Trump's "Joint Employer Status Under the National Labor Relations Act," which was published February 26, 2020 and took effect April 27, 2020 ("2020 Rule").

Joint employment refers to situations in which two or more legal entities share control or influence over workers to the extent that all are deemed to be employers of the worker in question. Joint-employer status can have significant implications for labor relations and legal obligations. If two entities are joint employers, they both may be held responsible for unfair

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