NLRB's Joint-Employer Final Rule

The NLRB's Joint-Employer Final Rule – issued today – will make it significantly easier to find that two entities are both employers of a group of employees.

The biggest change is this: The 2023 rule considers the alleged joint employers’ authority to control essential terms and conditions of employment, whether or not such control is exercised, and without regard to whether any such exercise of control is direct or indirect.

The previous rule provided that a putative joint employer must “possess and exercise . . . substantial direct and immediate control” over essential terms and conditions of employment.

Read the 229-page rule HERE.