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NLRB Issues Proposed Rule on Who Is a Joint Employer

September 6, 2022

Via: SHRM

The National Labor Relations Board (NLRB) on Sept. 6 issued a notice of proposed rulemaking on the standard for who is a joint employer under the National Labor Relations Act (NLRA).

The NLRB recommends replacing the proposed rule that took effect on April 27, 2020. Under that rule, an employer could be a joint employer of another entity if it had direct and immediate control over the essential terms and conditions of employment of the other entity’s workers. Under the proposed rule, two or more employers would be considered joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of employment.”

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