Labor Board Moves Joint Employer Effective Date to February (1)

The National Labor Relations Board pushed the effective date for its new joint employer rule to Feb. 26.

The NLRB announced the move in a notice filed Thursday in a Texas federal court, which is hearing an industry challenge to the regulation. The rule was previously set to take effect Dec. 29.

The board’s Democratic majority expanded the legal test for determining whether two firms jointly employ the same workers. The new standard goes beyond considering direct, exercised control on workers’ job terms, to look at indirect and reserved, unexercised control.

Despite being rarely litigated at the NLRB, joint employment ...