NLRB Issues Final Rule for Determining Joint Employer Status

This week, the National Labor Relations Board ("NLRB") issued its final rule (“Final Rule") concerning the standard for determining joint-employer status under the National Labor Relations Act.  The Final Rule, which goes into effect April 27, 2020, is intended to provide guidance to employers in determining whether a business entity is considered a joint employer of employees directly employed by another employer.  The Final Rule creates a heightened standard such that a business must exercise “substantial and immediate control over one or more essential terms and conditions of employment” in order to be deemed a joint employer.  The attached Client Alert reviews the Final Rule, its genesis, and its practical impact on unionized and non-union employers going forward.

PDF of Client Alert: NLRB Issues Final Rule for Determining Joint Employer Status