National Labor Relations Board Issues Final Joint Employer Rule: Addressing Indirect Control and Union Relations

On October 26, the National Labor Relations Board (NLRB) published its long-awaited final joint employer rule after initially publishing the revised rule for public comment in September 2022. This article delves into the key details of the new rule, its implications for employers, and the expected impact on the business landscape.

Explanation of the New Rule

The new rule replaces the regulations issued by the NLRB in 2020. Unlike the previous regulations, the revised rule considers evidence not only of direct control exercised by employers but also indirect control that is reserved by an employer. This shift expands the scope of what qualifies as a joint employer relationship, potentially affecting businesses in various industries.

Implications for Employers

Under this employee- and union-friendly rule, a company now risks being classified as the employer of workers over whom it does not exercise direct control but could theoretically and contractually. Consequently, if these employees unionize, the company may be obligated to engage in collective bargaining. Additionally, a joint employer could face liability for unfair labor practices committed by another business entity.

Historical Shifts in the NLRB’s View

Over the years, the NLRB’s interpretation of joint employer relationships has evolved, with the focus centering around the type and level of control exerted by an employer over another company’s workforce. The new rule draws inspiration from the Board’s Obama-era “Browning Ferris” rule, reversing prior changes and returning to a broader definition of joint employment.

Key Features of the Rule

The revised rule includes an exhaustive list of seven categories of workplace terms and conditions of employment that trigger the joint employer rule. These categories make the employer a party that exercises or has the potential to exercise control over areas such as wages, benefits, hours of work, hiring, and more. The rule places significant emphasis on indirect control and the mere right to control, rather than actual exercise of control.

Expected Impact on Employers

Given that indirect control and the contractual right to control significant working conditions are sufficient for the NLRB to establish a joint employer relationship, the new rule is expected to have wide-ranging implications for employers. Businesses that engage in staffing agreements or other arrangements where one party has rights to assert over the employees of the other party should immediately seek legal review of their agreements to ensure compliance with the revised rule.

Addressing Union Organizing and Employee Relations

In recent times, union organizing has reached historic highs, and NLRB developments have made it easier for unions to be certified without the necessity of winning an election. In light of these shifts, it becomes crucial for employers to work closely with experienced labor counsel to enact proactive employee relations measures. By ensuring employees are satisfied with their working conditions and environment, businesses can minimize the likelihood of their workforce seeking union representation.

The National Labor Relations Board’s final joint employer rule introduces significant changes to the framework governing joint employment relationships. By expanding the definition of joint employers to include those with indirect control and contractual potential, the rule places heightened obligations on businesses and raises potential liability concerns. Companies should prioritize reviewing their agreements and implementing proactive employee relations strategies to navigate these developments successfully and safeguard their operations. With a comprehensive understanding of the new joint employer rule, employers can adapt their practices to maintain compliance and foster positive labor relations in evolving times.

Explore more

Strategies for Navigating the Shift to 6G Without Vendor Lock-In

The global telecommunications landscape is currently standing at a crossroads where the promise of near-instantaneous connectivity meets the sobering reality of complex architectural transitions. As enterprises begin to look beyond the current capabilities of 5G-Advanced, the move toward 6G is being framed not merely as an incremental boost in peak data rates but as a fundamental reimagining of what a

How Do You Choose the Best Wi-Fi Router in 2026?

Modern households and professional home offices now rely on wireless networking as the invisible backbone of daily existence, making the selection of a router one of the most consequential technology decisions a consumer can face. The current digital landscape is defined by an intricate web of high-bandwidth activities, ranging from immersive virtual reality meetings to the constant telemetry of dozens

Hotels Must Bolster Cybersecurity to Protect Guest Data

The digital transformation of the global hospitality industry has fundamentally altered the relationship between hotels and their guests, turning data protection into a cornerstone of operational integrity. As properties transition into digital-first enterprises, the safeguarding of guest information has evolved from a niche IT task into a vital pillar of brand reputation. This shift is driven by the reality that

How Do Instant Payments Reshape Global Business Standards?

The traditional three-day settlement cycle that once governed global commerce has effectively dissolved into a relic of financial history as real-time payment systems become the universal benchmark for corporate operations. In the current economic landscape of 2026, the speed of capital movement has finally synchronized with the speed of digital information, creating a paradigm where instantaneous transaction finality is no

Can China Dominate the Global 6G Technology Market?

The global telecommunications landscape is currently witnessing a seismic shift as China officially accelerates its pursuit of next-generation connectivity through the approval of expansive field trials and technical standardization protocols for 6G technology. This strategic move, recently sanctioned by the Ministry of Industry and Information Technology, specifically greenlights the extensive use of the 6 GHz frequency band for intensive regional