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The Standard for Determining Joint-Employer Status

The National Labor Relations Board has issued its final rule governing joint-employer status under the National Labor Relations Act.  The final rule, which issued on February 26, 2020, restores the joint-employer standard that the Board applied for several decades prior to the 2015 decision in Browning-Ferris, but with the greater precision, clarity, and detail that rulemaking allows. The final rule, which can be found here, provides clear guidance in this significant area of the law.

 

Information about the Board's Notice of Proposed Rulemaking (NPRM) regarding the definition of joint employer was published in the Federal Register on September 14, 2018, and can be found here. Comments submitted in response to this NPRM can be found here.