Rachel Edelson is a law clerk in the Labor Department and is a member of the Employment Litigation & Counseling Groups.

In an anticipated move, the National Labor Relations Board (the “NLRB”) formally reinstated its 2020 rule that controls when an employer is deemed a joint employer under the labor law.  This rulemaking does not change the standard that the NLRB currently applies to determine joint employer status because of prior litigation before a federal judge.  However, the rulemaking may settle—at least for the near future—