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NLRB – New Standard for Joint-Employer Status

On October 27, 2023, the National Labor Relations Board (NLRB) published its final rule on the standard for determining joint-employer status under the National Labor Relations Act, effective December 26, 2023. The new rule rescinds the Board’s 2020 rule and outlines the common law approach. The Rule is subject to Congressional review.

Under the new final rule, an entity may be considered a joint-employer of another employer’s employees, if they share or co-determine an employees’ essential terms and conditions of employment.

The seven (7) essential terms and conditions to consider in determining whether employers are joint-employers are:

  1. Wages and benefits
  2. Work hours and scheduling
  3. The assignment of an employees duties to be performed
  4. The supervision of an employees performance of duties
  5. Work rules and directions set by an employer that controls the manner, means, and methods of the performance of duties, as well as the grounds for discipline
  6. The length of employment, including hiring and firing
  7. Working conditions that are related to an employees health and safety

If an employer has the authority to control at least one of the items that are listed above (1-7), whether or not the employer exercises the authority, the NLRB may very well find the employers to have met the joint-employer standard. It should be noted that indirect control alone may provide joint employer status, even if an employers control has not been exercised.

About Us
Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.

As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.

Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. <strong><a href="https://obermanlaw.com/people/stuart-j-oberman/"><span style="color: #0059b8;">Read More =></span></a></strong>