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

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
promo graphic, Navigating the New Legal Minefield of Automated HR
Artificial Intelligence is changing how businesses hire, manage, and evaluate employees—but it is also creating a new frontier for employme…
stopwatch
In FLSA Opinion Letter 2026-1, the Department of Labor (DOL) addressed whether an employer may reclassify an exempt worker from salaried ex…
gavel, courtroom
In a recent ruling by the Eleventh Circuit Court of Appeals in Atlanta, the court stated that hostile remarks about other minorities could…
paper books
On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its Enforcement Guidance on Harassment in the…
round table
Reports indicate that the new Chief Executive Officer of Walmart, John Furner, in his first company-wide memo since taking over, said he ha…
handshake
When employers attempt to settle disputes involving employment, the circumstances vary greatly as to the formality.  Most employers will no…