United States: NLRB amends rules for joint-employer status

The editorial team is offering you free access to this article
Start your free 1-month trial to access all our content

The NLRB (National Labor Relations Board, an independent agency of the United States government in charge of protecting the right of employees to unionise and investigating illegal practices in the workplace) published on Wednesday 26 February its final rule for joint-employer standards, which will come into force on April 27. To qualify as a joint employer under the final rule, a business must possess and exercise substantial direct and immediate control over one or more essential terms and conditions of employment of another employer’s employees. Indirect and/or contractually reserved control over essential employment terms are no longer sufficient for joint-employer status under the final rule, unless they entail substantial direct and immediate control, however evidence thereof may be taken into consideration for finding joint-employer status. This new rule restores the approach adopted by the NLRB prior to the decision regarding Browning-Ferris Industries of California Inc. (see article n°9216), which broadened the scope of the notion of joint employment, in particular by including franchise agreements. A joint employer under the National Labor Relations Act, which the NLRB upholds, may be obliged to negotiate with the union representing the workers of the direct employer, and each company is potentially liable for unfair labour practices committed by the other. In January, the US Department of Labor limited the definition of joint employment in the context of the Fair Labor Standards Act (FLSA), which guarantees the right to a minimum wage (see article n°11585).

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
Catherine Chavanier (CDC Habitat): “Social dialogue on AI facilitates its deployment”
In February, CDC Habitat (10,500 employees) signed a two-year framework agreement governing social dialogue on AI. Catherine Chavanier, HR Director of the subsidiary of CDC (Caisse des dépôts et...
EU: Council adopts position on simplifying AI rules
The Council of the EU approved its position on 13 March regarding the “omnibus regulation” proposal, published last November by the Commission to simplify the AI Act. Confirming the...
20 March 2026
Germany: menopause issues finally gain corporate recognition
With 12 million women over 40 in the labour force, German companies and occupational health professionals are beginning to adopt support policies for those affected by menopause-related issues...
Greece: hospitality sector signs first collective agreement aligned with National Social Pact
The hospitality sector (125,000 employees), one of Greece’s largest industries after retail, signed a new two-year collective agreement on 17 March. The text, effective from 1 April 2026...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
France: CDC Habitat defines a framework and means for social dialogue on AI
In an agreement signed on 23 February with trade unions, the subsidiary of CDC (Caisse des dépôts et consignations) Habitat (10,800 employees) guarantees that AI solutions will only...
2
France: La Poste to launch negotiations for an AI agreement
Following the lead of firms such as Axa, Syensqo globally, and more recently CDC Habitat, La Poste group management will open negotiations on an AI regulation agreement during the first half of...
3
Catherine Chavanier (CDC Habitat): “Social dialogue on AI facilitates its deployment”
In February, CDC Habitat (10,500 employees) signed a two-year framework agreement governing social dialogue on AI. Catherine Chavanier, HR Director of the subsidiary of CDC (Caisse des dépôts et...
4
France: bioMérieux’s new disability agreement pivots towards mental health
The news. On 6 January 2026, bioMérieux—an in vitro diagnostics specialist employing 4,400 people in France—signed a new four-year agreement “relating to the employment...
5
United Kingdom: launch of consultation on protection against detriment for industrial action
The British government launched a public consultation on 26 February regarding new protections for workers against "detriment" related to industrial action, scheduled to take effect in October...
12 March 2026
6
Germany: controversial collective bargaining compliance act adopted
On 26 February, the Bundestag approved the Tariftreuegesetz (collective bargaining compliance act), aimed at strengthening collective agreements and tackling social dumping by tying certain public...
26 February 2026