Rule2023-25803
Standard for Determining Joint Employer Status
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 22, 2023
Effective
October 27, 2023
Issuing agencies
National Labor Relations Board
Abstract
On October 27, 2023, the National Labor Relations Board (Board) published a final rule rescinding and replacing its rule regarding the standard for determining joint employer status under the National Labor Relations Act. The Board hereby amends that rule to change the effective date from December 26, 2023, to February 26, 2024. The purpose of this amendment is to facilitate the resolution of the legal challenges with respect to the rule.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 224 (Wednesday, November 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Rules and Regulations]
[Pages 81344-81345]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25803]
=======================================================================
-----------------------------------------------------------------------
NATIONAL LABOR RELATIONS BOARD
29 CFR Part 103
RIN 3142-AA21
Standard for Determining Joint Employer Status
AGENCY: National Labor Relations Board.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: On October 27, 2023, the National Labor Relations Board
(Board) published a final rule rescinding and replacing its rule
regarding the standard for determining joint employer status under the
National Labor Relations Act. The Board hereby amends that rule to
change the effective date from December 26, 2023, to February 26, 2024.
The purpose of this amendment is to facilitate the resolution of the
legal challenges with respect to the rule.
DATES: The effective date of the final rule amending 29 CFR part 103
published at 88 FR 73946, October 27, 2023, is delayed from December
26, 2023, to February 26, 2024.
FOR FURTHER INFORMATION CONTACT: Roxanne L. Rothschild, Executive
Secretary, National Labor Relations Board, 1015 Half St. SE,
Washington, DC 20570-0001, (202) 273-1940 (this is not a toll-free
number) or 1-844-762-NLRB (6572) (this is a toll-free number). Hearing
impaired callers who wish to speak to an NLRB representative should
contact T-Mobile Relay Conference Captioning by visiting its website at
<a href="https://www.tmobileaccess.com/federal">https://www.tmobileaccess.com/federal</a> and submitting a form asking
its Communications Assistant to call our toll free number at 1-844-762-
NLRB (6572).
SUPPLEMENTARY INFORMATION: On October 27, 2023, the National Labor
Relations Board published a final rule rescinding and replacing the
final rule entitled ``Joint Employer Status Under the National Labor
Relations Act,'' which was published on February 26, 2020, and took
effect on April 27, 2020. The final rule establishes a new standard for
determining whether two employers, as defined in the Act, are joint
employers of particular employees within the meaning of the Act. The
Board believes that this rule will more explicitly ground the joint-
employer standard in established common-law agency principles and
provide guidance to parties covered by the Act regarding their rights
and responsibilities when more than one statutory employer possesses
the authority to control or exercises the power to control particular
employees' essential terms and conditions of employment. Under the
final rule, an entity may be considered a joint employer of another
employer's employees if the two share or codetermine the employees'
essential terms and conditions of employment.
On November 6, 2023, a petition for review of the final rule was
filed in the United States Court of Appeals for the District of
Columbia Circuit. Service Employees International Union v. NLRB, No.
23-1309 (D.C. Cir.). Then, on November 19, 2023, a challenge to the
final rule was filed in the U.S. District Court for the Eastern
District of Texas. Chamber of Commerce of the United States of America,
et. al v. NLRB, No. 6:23-cv-00553 (E.D. Tex.). The Board has determined
that postponing the effective date of the rule would facilitate the
resolution of the legal challenges that have been filed with respect to
the
[[Page 81345]]
rule. 5 U.S.C. 705. Accordingly, the Board has decided to change the
effective date of the rule from December 26, 2023 to February 26, 2024.
Dated: November 17, 2023.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2023-25803 Filed 11-21-23; 8:45 am]
BILLING CODE 7545-01-P
</pre></body>
</html>Indexed from Federal Register on November 22, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.