The National Labor Relations Board (NLRB) Issued a Notice of Proposed Rulemaking Regarding Determining Joint-Employer Status

September 14, 2022

The NLRB released a Notice of Proposed Rulemaking (NPRM) on September 6, 2022. The new proposed rule states that two or more employers would be considered joint employers if they “share or codetermine those matters governing employees’ essential terms and conditions of employment,” such as benefits, wages, hiring and discharge, workplace health and safety.


Contractors/subcontractors, franchisees, labor unions, and temporary help service suppliers are examples of small businesses or entities that the NLRB has identified will most likely be impacted by the new proposed rule.


The NPRM proposes to rescind and replace the current joint-employer rule, which took effect on April 27, 2020.  The current rule limits the joint-employer status to entities with “substantial direct and immediate control” over essential terms and conditions of another entity’s employees.

Members of the public have until November 7, 2022 to submit comments to the NLRB on the new proposed rule.  


If your business has any questions on this proposed rule, or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

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Our attorneys successfully obtained summary judgment in favor of the Defendant from the Massachusetts Appeals Court in a Wage Act and contract dispute. The Complainant alleged entitlement to a substantial variable compensation award following resignation. We demonstrated that the compensation plan made such awards discretionary and contingent on continued employment at the time of payout. The Appeals Court agreed, finding that the award did not constitute wages under the Wage Act and that the Defendant acted lawfully in denying payment. All claims were dismissed in their entirety.

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Attorney Amy Royal has once again been selected as a Super Lawyer ! As published by Super Lawyers Amy B. Royal is a top-rated attorney, with her firm headquartered in Springfield, Massachusetts. Providing legal representation in the New England states and New York, for a variety of different issues, Amy Royal was selected to Super Lawyers for 2014 - 2016, 2019 - 2025. Attorneys like Amy B. Royal are recognized by their peers for their outstanding work and commitment to the spirit of the legal profession. Their knowledge of the law, professional work ethic, and advocacy on behalf of their clients allow them to stand out among other attorneys in the field.