NLRB: Final Rule for Determining Joint Employer Status

11/01/2023 8:18 AM | Maggie Garry (Administrator)

On October 27, the NLRB published a notice of final rule titled, "Standard for Determining Joint Employer Status."  Under the new rule, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share one or more of the essential terms and conditions of employment.  Some examples would be wages and benefits, hours of work/schedules, duties performed, supervision, work rules and discipline, tenure and working conditions.  

The final rule rescinds the 2020 final rule from the prior board.  The new rule provides vast guidance to parties about their rights and responsibilities of joint-employer establishments.  

Read the final notice at: 2023-23573.pdf (

Sioux Empire SHRM is a 501(c)6 non-profit organization. | PO Box 1302 | Sioux Falls, SD 57101 | Chapter #217

Powered by Wild Apricot Membership Software