Joint employer Verified

NLRB restores 2020 joint-employer standard after vacated 2023 rule

Jurisdiction
Federal (US)
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.gov
    https://www.federalregister.gov/documents/2026/02/27/2026-03955/withdrawal-of-2023-standard-for-determining-joint-employer-status
  • www.govinfo.gov
    https://www.govinfo.gov/content/pkg/FR-2026-02-27/html/2026-03955.htm