National Labor Relations Board delays effective date of joint-employer standard

Recently, the National Labor Relations Board (NLRB) issued its final rule on the joint-employer standard under the National Labor Relations Act (NLRA). This new rule, originally set to go into effect December 26, 2023, is essentially a rollback of the NLRB’s 2020 joint-employer rule issued during the Trump administration. On November 16, 2023, however, the Board stated the new rule would not become effective until February 26, 2024. The Board indicated the effective date was delayed to allow for resolution of the legal challenges. The Board also clarified that the new rule would only be applied on a prospective basis to cases filed after the new rule becomes effective. Let’s take a closer look.