National Labor Relations Board September 7, 2022 – Federal Register Recent Federal Regulation Documents

Standard for Determining Joint-Employer Status
Document Number: 2022-19181
Type: Proposed Rule
Date: 2022-09-07
Agency: National Labor Relations Board, Agencies and Commissions
This notice of proposed rulemaking (NPRM) proposes to rescind and replace 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 proposed rule would revise the standard for determining whether two employers, as defined in section 2(2) of the National Labor Relations Act (NLRA or Act), are joint employers of particular employees within the meaning of section 2(3) of the Act. The proposed changes are designed to explicitly ground the joint-employer standard in established common-law agency principles and provide relevant 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.
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