The US National Labor Relations Board standard for determining joint-employer status under the National Labor Relations Act takes effect Feb. 26, 2024, the board announced on Nov. 16. The standard had been scheduled to take effect Dec. 26.
The extension of the effective date is needed to facilitate the resolution of legal challenges with respect to the rule, according to the board. It will only be applied to cases filed after the rule becomes effective.
The NLRB finalized the rule in October to replace a joint-employer rule that took effect in April 2020. The rule dictates when two companies that conduct business together can be considered joint employers and thus liable for one another’s — or their contractors’ and franchisees’ — labor law violations.