The National Labor Relations Board (NLRB) has dropped its appeal of a Texas federal judge’s order striking down its new, expansive joint employer rule.  As readers may recall, late last year the NLRB issued a rule broadening the definition of joint employer, which would have significantly increased the number of entities that may be deemed joint employers and thus share responsibility for complying with the National Labor Relations Act. 

As a result of the ensuing actions, the standard will now revert back to the Trump administration’s 2020 rule, under which an entity must have direct and immediate control over a group of workers to be considered a joint employer rather than having simply reserved the right to exercise control. 

For more information or any questions about how this information can affect your business, contact the authors.

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Photo of Robert Horton Robert Horton

As chair of the firm’s Labor & Employment Practice Group, Bob Horton represents management in all areas of labor and employment law. Bob’s practice consists primarily of counseling clients regarding employment issues and defending companies against all manner of employment claims throughout the…

As chair of the firm’s Labor & Employment Practice Group, Bob Horton represents management in all areas of labor and employment law. Bob’s practice consists primarily of counseling clients regarding employment issues and defending companies against all manner of employment claims throughout the U.S.

Photo of Hunter Yoches Hunter Yoches

Hunter Yoches represents management in all aspects of labor and employment law and related litigation.  He regularly defends employers against various claims and counsels clients on a wide range of day-to-day employment matters. Hunter has experience litigating cases and counseling clients regarding federal…

Hunter Yoches represents management in all aspects of labor and employment law and related litigation.  He regularly defends employers against various claims and counsels clients on a wide range of day-to-day employment matters. Hunter has experience litigating cases and counseling clients regarding federal and state employment laws, including collective and class action litigation, contract disputes, and compliance issues. He advises clients related to wage and hour laws (such as the Fair Labor Standards Act), discrimination laws (such as the Americans with Disabilities Act, Age Discrimination in Employment Act, Family and Medical Leave Act, Title VII of the Civil Rights Act, and others), unfair labor practices (such as the National Labor Relations Act), and more, helping employers remain compliant with the constantly changing laws and regulations that impact the workplace.