The NLRB dismissed its appeal of a ruling that vacated the 2023 joint-employer rule, leaving the 2020 standard in effect and prompting employers to rely on the older criteria for determining joint employment. Click here for article.
The NLRB's appeal of the Eastern District of Texas decision vacating the 2023 joint-employer rule was dismissed, making the court's decision final.
The 2023 rule, which aimed to broaden the criteria for joint employment, will not take effect, maintaining the Trump-era 2020 joint-employer standard.
The 2023 rule would have considered employers joint if they had the authority to control job terms, regardless of exercised control.
Employers should continue to use the 2020 standard and monitor NLRB actions for any future changes in the joint-employer criteria.
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