New NLRB Joint-Employer Rule Temporarily BLOCKED

On Friday, March 8, 2024, a federal judge blocked the new National Labor Relations Board (NLRB) joint-employer rule.  The rule was set to go into effect today, Monday, March 11.

The new joint-employer rule would have made it much easier for two or more businesses to be determined to be joint employers.  Rather than focusing on the previous “direct control” standard, the new joint-employer rule looked to any type of control over several essential terms of employment, including whether indirect control existed.  

Had it gone into effect today, the new joint-employer rule would have placed new and burdensome collective bargaining requirements on nearly every employer that has employees from other businesses at their worksite.

It’s likely the NLRB will appeal the decision that blocked the new joint-employer rule.  There is also another lawsuit in a different federal court that aims to put the new rule into effect with even more onerous provisions for employers.  

So, while there is a temporary reprieve from the new joint-employer rule, it’s not going away.  Employers must be aware of their obligations, including complying with the “old” 2020 joint-employer rule that remains in effect.

The attorneys at myHRcounsel are ready to assist employers with joint employment questions and strategies to help avoid a joint employment determination, no matter which joint-employment rule is in effect.  Contact us at:

For More Information, we covered the joint employer in webinars, which you can watch below:

For Franchisors

For Staffing Agencies