[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Rules and Regulations]
[Pages 81344-81345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25803]


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NATIONAL LABOR RELATIONS BOARD

29 CFR Part 103

RIN 3142-AA21


Standard for Determining Joint Employer Status

AGENCY: National Labor Relations Board.

ACTION: Final rule; delay of effective date.

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SUMMARY: On October 27, 2023, the National Labor Relations Board 
(Board) published a final rule rescinding and replacing its rule 
regarding the standard for determining joint employer status under the 
National Labor Relations Act. The Board hereby amends that rule to 
change the effective date from December 26, 2023, to February 26, 2024. 
The purpose of this amendment is to facilitate the resolution of the 
legal challenges with respect to the rule.

DATES: The effective date of the final rule amending 29 CFR part 103 
published at 88 FR 73946, October 27, 2023, is delayed from December 
26, 2023, to February 26, 2024.

FOR FURTHER INFORMATION CONTACT: Roxanne L. Rothschild, Executive 
Secretary, National Labor Relations Board, 1015 Half St. SE, 
Washington, DC 20570-0001, (202) 273-1940 (this is not a toll-free 
number) or 1-844-762-NLRB (6572) (this is a toll-free number). Hearing 
impaired callers who wish to speak to an NLRB representative should 
contact T-Mobile Relay Conference Captioning by visiting its website at 
https://www.tmobileaccess.com/federal and submitting a form asking 
its Communications Assistant to call our toll free number at 1-844-762-
NLRB (6572).

SUPPLEMENTARY INFORMATION: On October 27, 2023, the National Labor 
Relations Board published a final rule rescinding and replacing the 
final rule entitled ``Joint Employer Status Under the National Labor 
Relations Act,'' which was published on February 26, 2020, and took 
effect on April 27, 2020. The final rule establishes a new standard for 
determining whether two employers, as defined in the Act, are joint 
employers of particular employees within the meaning of the Act. The 
Board believes that this rule will more explicitly ground the joint-
employer standard in established common-law agency principles and 
provide guidance to parties covered by the Act regarding their rights 
and responsibilities when more than one statutory employer possesses 
the authority to control or exercises the power to control particular 
employees' essential terms and conditions of employment. Under the 
final rule, an entity may be considered a joint employer of another 
employer's employees if the two share or codetermine the employees' 
essential terms and conditions of employment.
    On November 6, 2023, a petition for review of the final rule was 
filed in the United States Court of Appeals for the District of 
Columbia Circuit. Service Employees International Union v. NLRB, No. 
23-1309 (D.C. Cir.). Then, on November 19, 2023, a challenge to the 
final rule was filed in the U.S. District Court for the Eastern 
District of Texas. Chamber of Commerce of the United States of America, 
et. al v. NLRB, No. 6:23-cv-00553 (E.D. Tex.). The Board has determined 
that postponing the effective date of the rule would facilitate the 
resolution of the legal challenges that have been filed with respect to 
the

[[Page 81345]]

rule. 5 U.S.C. 705. Accordingly, the Board has decided to change the 
effective date of the rule from December 26, 2023 to February 26, 2024.

    Dated: November 17, 2023.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2023-25803 Filed 11-21-23; 8:45 am]
BILLING CODE 7545-01-P