NLRB and DOL Take Action on Joint Employer and Independent Contractor Rules

Employment Law This Week · Mar 11, 2026 · 3m

What employers should know about key developments this week:

NLRB Reinstates 2020 Joint Employer Rule: Under the National Labor Relations Board's (NLRB's) rule, a company is a joint employer only if it exercises substantial, direct, and immediate control over at least one of an employee's key employment terms.

Employer Liability Outlook: The risk of joint-employer liability is lower without direct involvement in core employment decisions.

DOL Proposes New Independent Contractor Rule: The U.S. Department of Labor's (DOL's) new proposal revives the 2021 standard, emphasizing economic realities…