March 4, 2026 - With its newly restored quorum, the National Labor Relations Board published a final rule for determining a joint employer under the National Labor Relations Act, reinstating its long-standing rule and higher threshold for determining joint-employer status. The rule went into effect on Feb. 27, 2026. The final rule returns to the 2020 standard issued under the first Trump Administration that vacated the Board’s broader 2015 standard under Browning-Ferris Industries of California, Inc., 362 NLRB No.

The National Labor Relations Board’s final rule establishes that, under the National Labor Relations Act, two or more entities may be considered joint employers of a group of employees if each entity has an employment relationship with the employees, and if the entities share or codetermine ...

February 27, 2026 - On February 26, 2026, the National Labor Relations Board formally reinstated its 2020 joint-employer standard. This action officially withdraws a Biden-era 2023 rule and restores a narrower framework for determining when two businesses share ...

February 27, 2026 - In response to Browning-Ferris, the NLRB promulgated the 2020 Rule, which stated a company must “possess and exercise substantial direct and immediate control over essential terms and conditions of employment” over another employer’s employees ...

March 14, 2024 - According to the Court, the New Rule would “treat virtually every entity that contracts for labor as a joint employer,” even without having to meet the threshold test of a common law employment relationship.

February 19, 2025 - Discover the latest trends, analysis, and perspectives on diverse legal matters from BakerHostetler.

February 27, 2026 - The 2023 Rule, titled “Standard for Determining Joint Employer Status,” established a new standard for determining whether two employers, as defined in the Act, are joint employers of particular employees within the meaning of the Act.

Under the rule, an entity would be considered a joint employer of another entity's employees if the two "share or codetermine the employees' essential terms and conditions of employment."

March 4, 2026 - Following a change in its membership in the first Trump term, the NLRB issued a 2020 regulation restoring longstanding precedent and establishing that reserved contractual authority is not sufficient to establish joint employer status.

June 30, 2025 - Joint employer status can expose your business to joint and several liability under the NLRA and create collective bargaining obligations. The NLRB’s 2020 Rule currently controls joint employer analysis.

March 14, 2024 - On 16 November 2023 the Board extended the effective date of its rule on determining the standard for joint-employer status to 26 February 2024, to facilitate resolution of legal challenges with respect to the rule. The new standard will only be applied to cases filed after the rule becomes effective. On 26 October 2023, the NLRB announced a new final Rule, significantly broadening the circumstances under which companies can be considered 'joint employers' of another company’s workers under the National Labour Relations Act (NLRA) and are thus jointly liable for labour law violations and potentially collective bargaining over those employees’ terms and conditions of employment.

March 5, 2026 - The National Labor Relations Board ... status under federal labor law by formally reinstating its 2020 rule and withdrawing a 2023 rule that was vacated by a federal court in March 2024....

February 26, 2026 - The rule narrows the meaning of “essential terms and conditions of employment” for joint employer status purposes to wages, benefits, hours of work, hiring, discharge, discipline, supervision, and direction. The return to the 2020 rule provides greater clarity and predictability for employers, particularly those operating in franchise, staffing, subcontracting, or other arrangements involving multiple entities. The NLRB is issuing the final rule, which is set to be published in the Federal Register on February 27, 2026, without a period of notice and comment.

February 27, 2026 - On February 26, 2026, the National Labor Relations Board (NLRB) formally reinstated its 2020 joint-employer rule as the governing standard under the National Labor Relations Act (NLRA).

October 27, 2023 - Determining Joint-Employer Status. The final rule establishes that, under the National Labor Relations Act, two or more entities

March 2, 2026 - While we expect legal challenges to the new rule, the latest move is good news for businesses. How did we get here and what can you expect next? ... You might feel a bit of whiplash given the changes that have occurred in this area, especially over the last decade. Here’s a quick recap on how we got here: For over 30 years, the NLRB had held that two companies would only be considered “joint employers” – equally responsible for certain labor and employment matters – if they shared or co-determined matters governing the essential terms and conditions of employment, and actually exercised the right to control.

March 15, 2024 - Under the new rule, joint employer status could be established if an entity possessed the direct or indirect authority to control at least one essential term of employment, regardless of whether such control was exercised. The NLRB contended that its 2023 rule properly reflected the common ...

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February 26, 2020 - The National Labor Relations Board ... Act (NLRA or Act) by establishing the standard for determining whether two employers, as defined in Section 2(2) of the Act, are a joint employer under the NLRA....

November 10, 2023 - Under the new rule, an entity may be considered a joint employer of an employee if that entity has an employment relationship with the employee and has the authority to control essential terms and conditions of employment, defined exclusively as: (1) wages, benefits, and other compensation; (2) hours of work and scheduling; (3) the assignment of duties to be performed; (4) the supervision of the performance of duties; (5) work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for discipline; (6) the tenure of employment, including hiring