Accessibility Tools

Skip to main content

Labor Board Giving up on New Joint Employer Rule

Written on .

The National Labor Relations Board (NLRB or Board) decided to withdraw its appeal in a court decision vacating the 2023 Biden joint-employer standard final rule.  NLRB v. U.S. Chamber of Commerce, 5th Cir., Motion of Voluntary Dismissal filed 7/19/24.  The Board in its motion said it believes the rule is lawful but wants "to consider options for addressing the outstanding joint employer matters before it."

Thus, the joint-employer rule from 2020 issued by the Trump Administration will remain in effect.  Under that rule, the NLRB requires joint-employers:  (1) actually exercise control; (2) that such control be "direct and immediate;" and (3) such control will not be "limited and routine."  The NLRB had sought to overturn that 2020 rule and return to a different definition of the joint-employer when two or more entities "share or co-determine" one or more of an employee's essential terms and conditions of employment.

This article is part of our September 2024 Newsletter. 

View newsletter online

Download the newsletter as a PDF

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
clouds, birds migrating
In a recent survey, 55% of responding employers ranked the scrutiny of Diversity, Equity and Inclusion (DEI) programs as a top issue, while…
arrest
The New York Times reported on Thursday, June 12, 2025, that a senior official with Immigration and Customs Enforcement (ICE) directed inve…
life in Cuba
The federal government recently announced its position on the termination of work authorization for people who have parole status under one…
map of venezuela
The U.S. Citizenship and Immigration Services (USCIS) updated its website to remove work authorization for most TPS Venezuela workers with…
man holding a chain link fence, outdoors
On June 6, Jim Wimberly, Jim Hughes, and Betsy Dorminey presented a webinar addressing the current status of diversity, equity, and inclusi…
costly mistakes webinar promo
We will review the common mistakes that employers make that increase the length of time and cost of claims. In particular, we will review t…