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Joint Employer Status Under the National Labor Relations Act

NLRB · final-rule · Published 2020-02-26 · Effective 2020-04-27 · 85 FR 11184

Document

Document number
2020-03373
Federal Register citation
85 FR 11184
CFR reference
29 CFR 103
Type
Rule
Action
Final rule.
Category
final-rule
Agency
US National Labor Relations Board
Publication date
2020-02-26
Effective date
2020-04-27

Abstract

The National Labor Relations Board (NLRB or Board) has decided to issue this final rule for the purpose of carrying out the provisions of the National Labor Relations Act (NLRA or Act) by establishing the standard for determining whether two employers, as defined in Section 2(2) of the Act, are a joint employer under the NLRA. The Board believes that this rulemaking will foster predictability and consistency regarding determinations of joint-employer status in a variety of business relationships, thereby enhancing labor-management stability, the promotion of which is one of the principal purposes of the Act. Under this final rule, an entity may be considered a joint employer of a separate employer's employees only if the two share or codetermine the employees' essential terms and conditions of employment, which are exclusively defined as wages, benefits, hours of work, hiring, discharge, discipline, supervision, and direction.

Source

Authoritative
Federal Register document
Machine
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