NLRB restores 2020 joint-employer standard after vacated 2023 rule
- Jurisdiction
- Federal (US)
- Topic
- Joint employer
- Effective date
- 2026-02-27
- Who it covers
- Employers covered by the NLRA
- Status
- Verified against an official source
The law, summarized
- Effective Feb 27, 2026, the NLRB replaced the vacated 2023 joint-employer rule text with its 2020 rule (29 CFR 103.40).
- The 2023 rule never took effect after a federal court vacated it in March 2024.
- Under the 2020 rule, two employers may be joint employers if they share or codetermine employees' essential terms and conditions of employment.
StateHR Take · AI-generated analysis, not legal advice
Who should act: Employers covered by the NLRA with workers in Federal. Review related policies, notices and agreements now (in effect since 2026-02-27). Confirm the details in the official source before acting.
Generated 2026-10-15T18:41-05:00
Official sources
- www.federalregister.govhttps://www.federalregister.gov/documents/2026/02/27/2026-03955/withdrawal-of-2023-standard-for-determining-joint-employer-status
- www.govinfo.govhttps://www.govinfo.gov/content/pkg/FR-2026-02-27/html/2026-03955.htm
