On February 25, 2020, the National Labor Relations Board issued a final rule defining when regulated entities are “joint employers” of another company’s employees—and thus held fully liable for obligations owed to those employees. Under the standard the NLRB set forth in its 2015 Browning-Ferris decision, if one employer possessed the right to control the terms and conditions of another employer’s employees, the Board considered that employer to be a joint employer. Consistent with WLF’s comments, the final rule dictates that an entity is a joint employer of another business’s employees if it possesses and actually exercises “substantial direct and immediate control” over one or more of the essential terms and conditions of employment.


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