On Friday night, March 8, a federal district court in Texas vacated the new National Labor Relations Board (NLRB) rule on joint employment. The rule was scheduled to take effect today, March 11.
The rule would have implemented a new test for joint employment that cast a wider net, creating joint employment relationships in situations where none existed previously. The court’s decision has a nationwide effect.
This decision will surely be appealed, but for now, the new NLRB rule will not take effect and the 2020 joint employer test remains the applicable test for joint employment under the National Labor Relations Act (NLRA).
