Accessibility Tools

Skip to main content

The Latest      —

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

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
end of words, pavement
The Trump Administration has acted to terminate TPS status for several countries.  Of course, litigation has followed each notice of termin…
we are hiring sign
The Economist magazine reports that job interviews are “the worst way to select people, except for all the others.”  One of the more encour…
fighting rams
Of primary importance is that the best avoidance is to recognize the early warning signs.  In other words, at the beginning of a confrontat…
shutdown, washington
A good amount of publicity has come out recently about two major closings that employers blame on their unions.  In the most recent, at the…
gavel
In December of 2025, an Oregon federal judge refused Union Pacific’s effort to set aside a $27 million verdict in a suit from the worker al…
hello
Discrimination rules applicable to national origin is a priority for the current chairperson of  the Equal Employment Opportunity Commissio…