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

Omantel vs. Ooredoo: A Comparative Analysis

The race for digital supremacy in Oman has intensified dramatically, pushing the nation’s leading mobile operators into a head-to-head battle for network excellence that reshapes the user experience. This competitive landscape, featuring major players Omantel, Ooredoo, and the emergent Vodafone, is at the forefront of providing essential mobile connectivity and driving technological progress across the Sultanate. The dynamic environment is

Can Robots Revolutionize Cell Therapy Manufacturing?

Breakthrough medical treatments capable of reversing once-incurable diseases are no longer science fiction, yet for most patients, they might as well be. Cell and gene therapies represent a monumental leap in medicine, offering personalized cures by re-engineering a patient’s own cells. However, their revolutionary potential is severely constrained by a manufacturing process that is both astronomically expensive and intensely complex.

RPA Market to Soar Past $28B, Fueled by AI and Cloud

An Automation Revolution on the Horizon The Robotic Process Automation (RPA) market is poised for explosive growth, transforming from a USD 8.12 billion sector in 2026 to a projected USD 28.6 billion powerhouse by 2031. This meteoric rise, underpinned by a compound annual growth rate (CAGR) of 28.66%, signals a fundamental shift in how businesses approach operational efficiency and digital

du Pay Transforms Everyday Banking in the UAE

The once-familiar rhythm of queuing at a bank or remittance center is quickly fading into a relic of the past for many UAE residents, replaced by the immediate, silent tap of a smartphone screen that sends funds across continents in mere moments. This shift is not just about convenience; it signifies a fundamental rewiring of personal finance, where accessibility and

European Banks Unite to Modernize Digital Payments

The very architecture of European finance is being redrawn as a powerhouse consortium of the continent’s largest banks moves decisively to launch a unified digital currency for wholesale markets. This strategic pivot marks a fundamental shift from a defensive reaction against technological disruption to a forward-thinking initiative designed to shape the future of digital money. The core of this transformation