March 4, 2026 - Under the rule, a company is a joint employer only if it possesses and exercises substantial, direct and immediate control over at least one essential term of employment, such as wages.

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 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 - By formally codifying the 2020 standard, the NLRB has now officially closed that gap. ... The rule’s most immediate effect is to restore the “direct and immediate control” standard. Under this standard, a company is deemed a joint employer only if it exercises “substantial direct and immediate control” over the essential terms and conditions of another company’s 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 ...

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 15, 2024 - The 2020 joint employer rule issued by the NLRB requires that an entity must possess and exercise substantial direct and immediate control over one or more essential terms and conditions of employment to be treated as a joint employer.

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

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.

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.

March 9, 2026 - We cannot provide a description for this page right now

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

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

December 5, 2023 - The central question which determines whether joint-employer status is applicable is whether or not the employers have the authority to control or to exercise power over the essential terms and conditions of employment which apply to the employees. The National Labor Relations Board (NLRB) issued its Final Rule on October 26, 2023.

October 30, 2023 - This reconstructed test, set to go into effect 60 days following publication, will have the effect of increasing the instances in which multiple entities will be deemed joint employers of a particular group of employees. Under the new rule, two or more entities will be considered joint employers if they share or co-determine one or more of the employee’s essential terms and conditions of employment.

January 31, 2025 - Discover the latest trends, analysis, and perspectives on diverse legal matters from BakerHostetler.

October 31, 2023 - On October 26, 2023, the National Labor Relations Board (NLRB or “Board”) issued its Final Rule (the “Rule”) on Joint-Employer status under the National Labor Relations Act (NLRA). Slated to take effect on December 26, 2023, the Rule returns to and expands on the Obama era Browning-Ferris test, scrapping the NLRB’s 2020 Joint Employer test for the sole reason that the current Board disagrees with the 2020 test, and setting up a potential showdown with the Supreme Court over the “major questions” doctrine and the scope of the NLRB’s administrative authority.

March 6, 2024 - This expansion means that more employers will likely be subject to responsibilities and liabilities associated with workers who were not previously considered their employees. The rule, which was originally supposed to take effect on December 26, 2023, instructs that a company is a joint employer of another company’s employees if the two companies share or codetermine the employees’ “essential terms and conditions of employment.” The rule provides a list of the essential terms and conditions, which include pay, hours of work, scheduling, work assignments, and supervision.

March 14, 2024 - For now, employers should continue ... below. ... On October 26, 2023, the National Labor Relations Board (“NLRB”) issued a final rule regarding the standard to determine joint-employer status under the National Labor Relations Act (“NLRA”)....