Under the new rule, companies or entities can be considered joint employers over a group of individuals if both entities determine one or more of seven different conditions of employment: 1) wages, benefits, and other compensation; 2) hours of work and scheduling; 3) assignment of duties; 4) supervision of those duties; 5) work rules and discipline; 6) hiring and discharge; and 7) safety and health conditions. The new rule looks at whether the possible joint employers have the authority to control those conditions, even if they don’t exercise that control. This is much broader than the 2020 rule that held that joint employers had to possess and exercise substantial direct and immediate control over essential terms and conditions of employment. The NLRB states that this new final rule more accurately reflects the common law definition of joint employers.

This is huge. Several million people just got lifted out of a grey area in regards to worker rights today.