A federal district court has delayed a National Labor Relations joint employer rule effective date to March 11. Friday marks the second time the start date has been delayed; NLRB previously extended a Dec. 26, 2023, start date to Feb. 26.
This new rule establishes a standard for determining if two organizations are joint employers of particular employees; two entities are joint employers when they co-determine the essential terms of an individual’s employment.
Once more, the delay may be to smooth out legal challenges. In a statement for the initial delay, the NLRB explained it was to “facilitate resolution of legal challenges with respect to the rule.”
The plaintiff, the U.S. Chamber of Commerce, has asked the U.S. District Court for the Eastern District of Texas to block the rule. A hearing on that motion was held Feb. 13.
The court said it will issue an opinion soon.