NLRB Expands Joint Employer Criteria: Understanding the New Control Standard

The National Labor Relations Board (NLRB) has introduced a significant shift in the standards for joint employer status. This new rule alters how businesses may be jointly responsible for the same group of workers. Previously, the standard was based on the actual exercise of control over employees’ work conditions. However, the updated criteria expand this definition to include the reserved right to control, whether or not that right is actively exercised. This change aims to reflect the complexities of modern workplace relationships where indirect influences can inform employee working conditions. Companies in various sectors may find themselves needing to reassess their business practices and relationships with partnering firms or contractors in light of this broader joint employer definition. This influential update has the potential to reshape business liabilities and worker rights across a multitude of industries, prompting careful review and adaptation from employers to ensure compliance.

The Shift Away from Direct Control

Historically, the NLRB required proof of “substantial direct and immediate control” over workers’ essential job conditions for two companies to be considered joint employers. The 2020 standard took a narrow approach, concentrating on direct and significant contextual actions. Contrastingly, the new rule, effective from February 26, 2024, moves away from this. Now, reserved authority or even indirect control over critical aspects of employment—which includes wages, work hours, assignments, supervision, and other core factors—can trigger joint employer status. This evolution signals a notable change in stance from the NLRB and broadens the potential for union bargaining and liability for labor practices.

The change means that entities such as franchisors or clients of staffing agencies, who may not be directly managing workers, could find themselves with the responsibility to negotiate labor terms. The ruling indicates that the mere reservation of authority over employment conditions, whether used or not, suffices to warrant joint employer designation. Underlying this shift is the NLRB’s aim to ensure workers’ rights to collective bargaining are preserved, even in complex employment arrangements. Thus, a company could be deemed a joint employer and held accountable for labor law violations based on its reserved right to control job conditions, even when there is no exercised control.

Exploring the Implications of Indirect Control

The recent ruling affecting franchising businesses and others using subcontractors or staffing agencies has significant implications. It implies that companies must closely examine their contractual relationships to avoid being classified as ‘joint employers’ due to indirect control over employment conditions. This necessitates careful monitoring of any influence they may exert, even if not direct, to prevent becoming liable for additional responsibilities associated with staff.

Firms are encouraged to review their contracts and operational practices to identify where they might seem to have influence over worker-related aspects. The NLRB’s rule, despite asserting a uniform approach, requires intricate case-by-case analyses, complicating compliance. Thus, organizations need to proactively revise their practices in relation to this broadened rule to sidestep unforeseen legal pitfalls, especially given the changing dynamics of the workplace and the increasingly ambiguous lines of workforce accountability.

Explore more

How Are Non-Banking Apps Transforming Into Your New Banks?

Introduction In today’s digital landscape, a staggering number of everyday apps—think ride-sharing platforms, e-commerce sites, and social media—are quietly evolving into financial powerhouses, handling payments, loans, and even investments without users ever stepping into a traditional bank. This shift, driven by a concept known as embedded finance, is reshaping how financial services are accessed, making them more integrated into daily

Trend Analysis: Embedded Finance in Freight Industry

A Financial Revolution on the Move In an era where technology seamlessly intertwines with daily operations, embedded finance emerges as a transformative force, redefining how industries manage transactions and fuel growth, with the freight sector standing at the forefront of this shift. This innovative approach integrates financial services directly into non-financial platforms, allowing businesses to offer payments, lending, and insurance

Visa and Transcard Launch Freight Finance Platform with AI

Could a single digital platform finally solve the freight industry’s persistent cash flow woes, and could it be the game-changer that logistics has been waiting for in an era of rapid global trade? Visa and Transcard have joined forces to launch an embedded finance solution that promises to redefine how freight forwarders and airlines manage payments. Integrated with WebCargo by

Crypto Payroll: Revolutionizing Salary Payments for the Future

In a world where digital transactions dominate daily life, imagine a paycheck that arrives not as dollars in a bank account but as cryptocurrency in a digital wallet, settled in minutes regardless of borders. This isn’t science fiction—it’s happening now in 2025, with companies across the globe experimenting with crypto payroll to redefine how employees are compensated. This emerging trend

How Can RPA Transform Customer Satisfaction in Business?

In today’s fast-paced marketplace, businesses face an unrelenting challenge: keeping customers satisfied when expectations for speed and personalization skyrocket daily, and failure to meet these demands can lead to significant consequences. Picture a retail giant swamped during a holiday sale, with thousands of orders flooding in and customer inquiries piling up unanswered. A single delay can spiral into negative reviews,