Background on the New Rule
On February 26, 2026, the National Labor Relations Board issued a final rule that rescinds its 2023 joint employer regulation and restores the joint employer standard established in 2020.
In practice, the rule largely preserves the legal status quo. The 2023 regulation never became operative because it was invalidated by a federal district court before it could take effect. As a result, the 2020 rule has remained the operative framework during that time.