October 7, 2022 • News

New Rule Proposed for Determining Joint Employer Status Under the NLRA

The National Labor Relations Board (NLRB) has proposed a new rule for determining joint employer status under the National Labor Relations Act (NLRA). The notice of proposed rulemaking, published on September 7, 2022, seeks a revised standard to determine whether multiple employers jointly employ certain employees. Multiple employers would be considered joint employers if they directly or indirectly “share or codetermine those matters governing employees’ essential terms and conditions of employment,” such as wages, benefits and other compensation, work and scheduling, hiring and discharge, discipline, workplace health and safety, supervisions, assignment, and work rules. The new rule would rescind and replace the joint-employer rule that went into effect on April 27, 2020. Public comments are invited on the proposed rule through November 7, 2022. See the NLRB press release for more information.