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—
On December 26, 2025, a federal judge in the Eastern District of California granted the National Labor Relations Board’s (“NLRB” or “Board”) bid for a preliminary injunction to block enforcement of recently enacted labor legislation that empowers the California Public Employment Relations Board (“PERB”) to regulate certain private-sector labor relations in the state. With the injunction, however, the NLRB will retain its jurisdiction as the