This is a photo of the sun setting last week over the Tiber River, with St. Peter’s Basilica in the background. I’m not a great photographer, but it’s a nice record shot from my trip to Italy last week.

The National Labor Relations Board (NLRB) last week created its own record shot, formally readopting its 2020 joint employer rule and sunsetting the never-implemented Biden administration rule from 2023.

The NLRB skipped the normal rulemaking process, which typically requires a proper review and comment period, jumping directly to the final rule. It was able to avoid these steps because the final rule isn’t actually changing anything. The 2020 rule applied before the Biden administration tried to change the rule in 2023, but a federal court rejected the 2023 rule, which the Biden administration then withdrew. The result of that withdrawal was that the 2020 rule was still in effect. Last week’s action by the NLRB formalizes that outcome by officially readopting the 2020 joint employer rule.

What’s the Rule?

Read more here, originally posted today on BakerHostetler‘s Labor Relations blog, The Bargaining Table.