On October 26, 2023, the National Labor Relations Board (“NLRB”) issued its long-awaited final rule on “joint employer” status under the National Labor Relations Act (“NLRA”). The new rule significantly expands the NLRB’s joint-employer doctrine, which will have adverse effects on many common business arrangements, including the use of temporary employees, subcontracting, and franchisee-franchisor relationships. The new rule is effective on December 26, 2023, and applies only to cases filed after that date. As explained herein, the new rule expands the definition of a joint employer in several key respects.
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