The National Labor Relations Board (NLRB) recently withdrew the Biden-era 2023 joint employer rule and formally confirmed that its 2020 standard remains on the books. The Feb. 26, 2026 announcement made some headlines, but needs some context.
The development that businesses (particularly franchise businesses) and in-house counsel should actually be focused on is happening at the U.S. Court of Appeals for the District of Columbia Circuit, where a labor union is challenging the 2020 rule. The union and NLRB have filed briefs, and depending on how the court rules, it could fundamentally reshape the joint employer landscape — for the franchise world and beyond.