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Labor Board (Again) Returns to Broader Rule for Determining Joint-Employer Status

The National Labor Relations Board once again issued a new Final Rule for determining joint-employer status under the National Labor Relations Act. The joint-employer analysis has significant implications for employers, as it determines when one entity can be held liable for the other’s unfair labor practices.

The Final Rule comes after nearly a decade of the Board changing positions as to what could make two independent companies joint employers. It also comes more than a year after the Board initially issued its Notice of Proposed Rulemaking on the issue.

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