The National Labor Relations Board issued a final rule addressing the standard for determining joint-employer
status under the National Labor Relations Act. The rule reverses a 2020 rule that had set a higher threshold for
joint-employer status by requiring that a putative joint employer possess and exercise substantial direct and
immediate control over essential terms and conditions of employment. By contrast, the new NLRB rule
considers the alleged joint employer’s authority to control essential terms and conditions of employment
whether the control is exercised or not and whether the control is direct or indirect.
