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Hinckley Allen
hinckleyallen.com › home › publications › federal court invalidates nlrb’s joint employer standard
Federal Court Invalidates NLRB’s Joint Employer Standard - Hinckley Allen
March 14, 2024 - ... 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”).
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Jackson Lewis
jacksonlewis.com › insights › nlrb-goes-back-employer-friendly-future-it-reinstates-strict-joint-employer-rule
NLRB Goes Back to the Employer-Friendly Future as It Reinstates Strict Joint-Employer Rule - Jackson Lewis
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.
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HR Dive
hrdive.com › news › nlrb-reverts-2020-trump-joint-employer-rule › 813290
NLRB reverts to joint employer rule it crafted in Trump’s first term | HR Dive
February 26, 2026 - The 2023 rule, for instance, stated that such entities are joint employers if they share or codetermine essential terms and conditions of employment. This occurs, per the rule, when the entities possess or exercise either direct or indirect ...
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Congress.gov
congress.gov › crs-product › R47943
Joint Employment and the National Labor Relations Act | Congress.gov | Library of Congress
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."
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Baker Donelson
bakerdonelson.com › relief-for-employers-nlrb-formally-reinstates-direct-control-joint-employer-test
Relief for Employers: NLRB Formally Reinstates Direct Control Joint Employer Test | Baker Donelson
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).
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NLRB
nlrb.gov › about-nlrb › what-we-do › the-standard-for-determining-joint-employer-status-final-rule
The Standard for Determining Joint-Employer Status – Final Rule published 10/27/2023 | National Labor Relations Board
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 ...
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AFL-CIO
aflcio.org › about › advocacy › legislative-alerts › house-letter-supporting-nlrb-joint-employer-rule
House Letter Supporting NLRB Joint-Employer Rule | AFL-CIO
November 8, 2023 - The way to ensure that workers ... as “joint employers.” The Act requires joint employers to collectively bargain with employees over working conditions that they control....
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Ogletree
ogletree.com › home › blog posts › nlrb issues final joint-employer rule returning to 2020 standard
NLRB Issues Final Joint-Employer Rule Returning to 2020 Standard - Ogletree
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.
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Wimberlylawson
wimberlylawson.com › alerts › nlrb-issues-new-joint-employer-rule
NLRB Issues New Joint Employer Rule
October 26, 2023 - ALERT – FTC Proposes Ban On Non Competes: Public Comments Due March 10 – 01/18/2023 ALERT – Three New Tennessee Laws Impact Employers – 06/15/2022 ALERT – Texas Court Blocks Vaccine Mandate for Federal Employees – 01/24/2022 ALERT – Supreme Court Decisions: OSHA ETS is Stayed, ...
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NLRB
nlrb.gov › news-outreach › news-story › nlrb-issues-joint-employer-final-rule
NLRB Issues Joint-Employer Final Rule | National Labor Relations Board
If two entities are joint employers, both must bargain with the union that represents the jointly employed employees, both are potentially liable for unfair labor practices committed by the other, and both are subject to union picketing or other ...
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DLA Piper
knowledge.dlapiper.com › dlapiperknowledge › globalemploymentlatestdevelopments › us-reversing-course-nlrb-reinstitutes-a-more-expansive-joint-employer-standard
Reversing course, NLRB reinstitutes a more expansive 'joint employer' standard (update) - DLA Piper GENIE
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.
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American Health Care Association
ahcancal.org › News-and-Communications › Blog › Pages › National-Labor-Relations-Board-Withdraws-Biden-Era-Joint-Employer-Rule--.aspx
NLRB and DOL Release Joint Employment and Independent Contractor Classification Rules
March 3, 2026 - ​On February 26, 2026, the National Labor Relations Board (NLRB) officially withdrew the 2023 Biden-Era joint employer final rule that broadens the NLRB's definition of “employer”. NLRB’s new final rule​ reinstates the 2020 Trump-era ...
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Morgan Lewis
morganlewis.com › pubs › 2024 › 03 › nlrb-blocked-from-implementing-expansive-joint-employer-rule
NLRB Blocked from Implementing Expansive Joint Employer Rule
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.
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SHRM
shrm.org › topics & tools › employment law & compliance › nlrb adopts expanded joint employer rule
NLRB Adopts Expanded Joint Employer Rule
March 9, 2024 - 26 to provide a broadened standard for when two employers that conduct business together are considered to be joint employers and thus liable for one another's unfair labor practices.
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Fisher Phillips
fisherphillips.com › en › insights › insights › nlrb-abandons-controversial-joint-employer-rule
NLRB Abandons Controversial Joint Employer Rule – But Employers Aren’t Necessarily Out of the Woods | Fisher Phillips LLP
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.
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Littler
littler.com › news-analysis › asap › nlrb-reinstates-2020-joint-employer-standard-return-direct-control
NLRB Reinstates 2020 Joint Employer Standard: A Return to Direct Control | Littler
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.
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U.S. Chamber of Commerce
uschamber.com › employment-law › unions › new-joint-employer-rule-gives-nlrb-license-to-declare-joint-employment-relationship
U.S. Chamber Wins Case Against NLRB Over Joint Employer Rule | U.S. Chamber of Commerce
July 19, 2024 - The BFI ruling upended longstanding precedent in a bid to expand potential union organizing. Until that decision, the NLRB had held that a putative joint employer must exercise direct and immediate control over the terms and conditions of employment.
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Federal Register
federalregister.gov › documents › 2020 › 02 › 26 › 2020-03373 › joint-employer-status-under-the-national-labor-relations-act
Federal Register :: Joint Employer Status Under the National Labor Relations Act
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....
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Maynard Nexsen
maynardnexsen.com › publication-nlrb-extends-effective-date-of-joint-employer-rule-in-wake-of-legal-challenges
NLRB Extends Effective Date of Joint Employer Rule in Wake of Legal Challenges
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....
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BakerHostetler
bakerlaw.com › insights › the-state-of-employee-status
NLRB's New Joint Employer Rule: What's the Status?
February 19, 2025 - Discover the latest trends, analysis, and perspectives on diverse legal matters from BakerHostetler.