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NLRB Voluntarily Withdraws Joint-employer Rule Appeal

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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