April 4, 2024 - The 2023 joint-employer rule expanded the long-standing rule that employers had to actually exercise control over an employee’s essential terms and conditions of employment to be considered an employer. Under the NLRB’s October 2023 rule, which was set to take effect on March 11, 2024, an entity could be deemed a joint employer by merely possessing or reserving the authority to control one or more of the employees’ essential terms and conditions of employment, regardless of whether the control was actually exercised.

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

July 26, 2024 - In 2020, the NLRB changed the joint employer rule through rulemaking and required that an employer exercise “substantial direct and immediate control” over one or more essential terms or conditions of employment, before the NLRB would find ...

October 26, 2023 - Under the new standard, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees’ essential terms and conditions of employment, which are 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 and discharge; and (7) working conditions related to the safety and health of employees.

July 22, 2024 - The 2023 final rule has not gone into effect. At the same time, there were two other cases pending on the joint-employer doctrine in the D.C. Circuit, filed by the Service Employees International Union. On April 30, 2024, one of the cases was stayed by the D.C. District Court and since then, the second case was placed in abeyance by the D.C. Circuit. In its Notice of Voluntary Dismissal, the NLRB stated that it still believes the 2023 rule meets the procedural and substantive requirements of the Administrative Procedure Act and the National Labor Relations Act—the district court held that the 2023 rule did not comply with these provisions.

March 13, 2024 - When there’s more than one entity on the scene, the National Labor Relations Board (NLRB or Board) treats them as “joint employers” if they jointly decide the terms and conditions of employment for one set of employees.

March 14, 2024 - The Trump Board’s 2020 Joint Employer Final Rule solidified the requirement that an entity must have “direct and immediate” control over one or more essential term or condition of employment (defined to include “wages, benefits, hours ...

July 25, 2024 - On July 19, 2024, the National Labor Relations Board (NLRB) filed an unopposed motion voluntarily dismissing a pending appeal before the United States Court of Appeals for the Fifth Circuit, which sought to reverse a March 8, 2024 decision by Judge J. Campbell Barker of the United States District ...

November 29, 2023 - The National Labor Relations Board ... rule, which provides the standard for joint employer status under the National Labor Relations Act (“NLRA”), was scheduled to become effective on December 26, 2023....

October 27, 2023 - 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 one or · more of the employees’ essential terms and conditions of employment. How does the 2023 standard differ from the 2020 standard? The final rule rescinds and replaces the 2020 final rule that was promulgated by the prior

July 29, 2024 - The controversial joint employer rule that would have made it far easier for workers to be considered employees of more than one entity is now dead once and for all – but that doesn’t mean employers should let their guard down.

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 27, 2024 - The district court’s ruling preserves the National Labor Relations Board’s (NLRB’s or Board’s) 2020 joint employer rule (2020 Rule), which requires “substantial direct and immediate control” to establish joint employer status.

On Friday evening, U.S. District Judge J. Campbell Barker of the Eastern District of Texas vacated the National Labor Relations Board’s recent rule on determining the standard for joint-employer status and the Board’s rescission of the 2020 joint-employer rule.

June 21, 2024 - In October 2023, the NLRB published a new “final rule” addressing the standard for determining joint-employer status (the “2023 Rule”), and the 2023 Rule superseded and replaced the 2020 Rule.

Indirect control, recommendations, or general oversight do not establish joint employer status under the current rule. The NLRB reviews contract terms, day-to-day interactions, and management decisions to determine whether a company exercises actual control over another employer’s workforce.

March 14, 2024 - The NLRB’s 2023 joint-employer rule would have expanded the joint-employer rule and created a risk that entities could be deemed joint employers over workers of a separate company simply if the putative joint employer exercises or retains the right to exercise (even if not exercised in reality) direct or indirect control over a large range of “terms and conditions of employment.” In particular, the rule did not contain carve-outs or exceptions for certain industries or make clear how it would impact common business relationships, particularly regarding the construction industry, franchisors, staffing agencies, and healthcare companies.

November 22, 2023 - Under the final rule, an entity may be considered a joint employer of another employer's employees if the two share or codetermine the employees' essential terms and conditions of employment.

February 2, 2024 - Specifically, the Rule creates joint employer status when two or more entities share or codetermine critical aspects of the employees’ terms and conditions of employment. The term “share or codetermine” is defined as having the authority to control, whether directly or indirectly, one or more of the employees’ essential terms and conditions of employment. The “essential” terms and conditions of employment that the NLRB ...

July 30, 2025 - The Final Rule would have made it easier for the Board to find a joint employer relationship than under the previous joint employer test by (1) applying a standard that defined entities as joint employers if the two share or codetermine the employee’s essential terms and conditions of employment, as opposed to only when the entity had direct and immediate control of the same; (2) defining the essential terms and conditions of employment as overlapping with the NLRA; and (3) including reserved or indirect control of the essential terms and conditions of employment as sufficient to trigger joint employer status based on a case-by-case analysis.