NLRB Reverts to Joint Employer Rule It Crafted in Trump’s First Term

March 02, 2026

The National Labor Relations Board announced a final rule Thursday to withdraw its Biden-era joint employer rule in favor of a standard it adopted in 2020 during the first Trump administration.

A federal judge previously vacated the now-withdrawn rule — which was published in 2023 — because it was both “contrary to law” and “arbitrary and capricious,” following a challenge filed by business groups. NLRB said the 2023 rule has never taken effect and that the 2020 rule was and remains the operative rule for determining joint employer status under the National Labor Relations Act.

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