Federal Judge Delays Implementation of NLRB Joint Employer Final Rule Until March 11
Ahead of the February 26, 2024 effective date for the National Labor Relations Board’s joint employer rule, yesterday a federal judge in the Eastern District of Texas pushed the effective date of this final rule back two weeks until March 11, 2024. Back in December 2022, SWACCA’s General Counsel submitted comments on the NLRB’s proposed joint employer rule that highlighted our support for rescinding the previous Administration’s joint employer standard and replacing it with this final rule because it will help to reduce employee misclassification in the construction industry.
As SWACCA urged in its December 2022 comments, under the final joint employer rule an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees’ essential terms and conditions of employment, which are defined as: (1) wages, benefits, and other compensation; (2) hours of work and scheduling; (3) the assignment of duties to be performed; (4) the supervision of the performance of duties; (5) work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for discipline; (6) the tenure of employment, including hiring and discharge; and (7) working conditions related to the safety and health of employees.
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