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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PartnerL. Brent Garrett is a seasoned labor lawyer with 20 years of experience representing employers in complex labor relations matters. Mr. Garrett represents employers across all industries, including construction, healthcare ...
PartnerThomas Lenz is a recognized authority on labor and employment law and all issues pertaining to the National Labor Relations Board (NLRB). He advises, trains, and represents employers on a wide range of labor and employment matters. ...
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