The National Labor Relations Board (NLRB) announced the forthcoming final joint-employer rule, which replaces the 2020 definition. The NLRB has expanded the criteria for determining joint-employer status.
Under the new rule, two companies are considered joint-employers if they share or jointly influence essential terms or conditions of employment for their workers. This updated standard is set to take effect on February 26, 2024.
Being classified as joint-employers makes both entities accountable for each other’s unfair labor practices and obliges them to engage in negotiations with a recognized labor union. Employers typically seek to avoid this status due to these increased responsibilities and liabilities.
Also, the NLRB announced a collaboration with OSHA to enhance legal enforcement. The two agencies have created a Memo of Understanding (MOU) that provides for the following:
- Information Sharing
- Coordinated Investigations and Inspections
- Informing Employees About Their Rights
- Cross-Training Agency Employees
- Regular Meetings and Consultations on Other Activities
- Public-Facing Outreach
Check out the most recently published as a joint resource — Building Safe & Healthy Workplaces by Promoting Worker Voice (PDF) — which provides guidance for creating and maintaining safe workplaces. Stay tuned for conversation about this collaboration and what it means for your company or organization.