On October 26, 2023, the National Labor Relations Board (NLRB or the “Board”) issued its long-awaited final rule (the “New Rule”) addressing the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The new rule is effective December 26, 2023. By issuing the new rule, the Board rescinds and replaces the previous rule issued under the Board (when it was controlled by appointees of former President Donald Trump) entitled, “Joint Employer Status Under the National Labor Relations Act,” which was published on February 26, 2020, and took effect on April 27, 2020 (“2020 Rule”).
