The National Labor Relations Board (NLRB) rule on “joint employer” final version has been delayed due a series of legal actions first reported in the CIRT story dated 11/09/23. The cases were brought by various groups in the U.S. District Court for the Eastern District of Texas challenging the agency’s joint employer rule. The full complaint can be viewed here.

Background: The National Labor Relations Board published a final rule on October 27, 2023 rescinding and replacing previous regulations regarding the standard for determining joint employer status under the National Labor Relations Act. The new announcement released by NLRB amendments the effective date from December 26, 2023 to February 26, 2024 in light of legal challenges that have been filed with respect to the new rule. [For the initial rulemaking being delayed, see: 29 CFR part 103 published at 88 FR 73946, October 27, 2023].