Joint Employer Whiplash Continues—But the 2020 Rule Is (Officially) Back

On February 26, 2026, the National Labor Relations Board (the “NLRB” or “Board”) issued a final rule formally restoring the Board’s February 2020 joint-employer regulation under the National Labor Relations Act (“NLRA”). The final rule replaces the text of the Board’s vacated November 2023 joint-employer rule with the 2020 rule’s narrower standard—one that generally requires a business to both possess and actually exercise “substantial direct and immediate” control over another entity’s... By: Sheppard