The National Labor Relations Board’s 2020 Joint Employer Rule remains in effect following a March 2024 ruling from the United States District Court in the Eastern District of Texas which vacated the NLRB’s 2023 Joint Employer Rule. 

The decision means the Joint Employer Standards reverts to the NLRB’s 2020 Rule from the NLRB’s 2023 Joint Employer Rule, which was issued in October 2023 and slated to go into effect March 11, 2024. 

The 2023 Rule upends existing employment policy and would create serious challenges for independent and franchise restaurant operators alike. Conversely, the 2020 Rule codified a long-established “direct and immediate” joint employer standard and provided clear and stable guidance for foodservice employers and employees.  

A separate challenge to the 2023 Joint Employer Rule remains in the D.C. Circuit Court and the Senate continues to consider a Congressional Review Act resolution to overturn the 2023 Standard, which the House passed in January 2024.

Tell the Senate to stand with small businesses, not bureaucrats, by blocking the 2023 Joint Employer Rule.
Fact Sheet
Policy Brief Joint Employer Rule
March 05, 2024