This joint resolution nullifies the final rule issued by the National Labor Relations Board titled Standard for Determining Joint Employer Status and published on October 27, 2023. The rule establishes a new joint employer standard for determining whether two employers simultaneously employ a particular employee or employees. Under the rule, an entity may be considered a joint employer of another employer's employees if the two share or codetermine the employees' essential terms and conditions of employment.
The rule took effect on February 26, 2024.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 98 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. J. RES. 98
Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the National Labor
Relations Board relating to ``Standard for Determining Joint Employer
Status''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 9, 2023
Mr. James (for himself, Ms. Foxx, Mr. Johnson of Louisiana, Mr. Banks,
Mr. Bean of Florida, Mr. Carter of Georgia, Mr. Cole, Mr. Comer, Mr.
Crawford, Mr. Duncan, Mr. Fitzgerald, Mr. Good of Virginia, Mr. Gooden
of Texas, Mrs. Harshbarger, Mr. Higgins of Louisiana, Mrs. Hinson, Mrs.
Houchin, Mr. LaTurner, Ms. Letlow, Mrs. McClain, Mr. Moolenaar, Mr.
Mooney, Mr. Pence, Mr. Rose, Mr. Smith of Nebraska, Mrs. Steel, Mr.
Thompson of Pennsylvania, Mr. Walberg, Ms. Stefanik, and Mr. Valadao)
submitted the following joint resolution; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
JOINT RESOLUTION
Providing for congressional disapproval under chapter 8 of title 5,
United States Code, of the rule submitted by the National Labor
Relations Board relating to ``Standard for Determining Joint Employer
Status''.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That Congress disapproves the
rule submitted by the National Labor Relations Board relating to
``Standard for Determining Joint Employer Status'' (88 Fed. Reg. 73946
(October 27, 2023)), and such rule shall have no force or effect.
<all>
Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 122. (text: CR S2695)
Roll Call #122 (Senate)Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 122. (text: CR S2695)
Roll Call #122 (Senate)Message on Senate action sent to the House.
Presented to President.
Presented to President.
Vetoed by President.
Vetoed by President.
The Chair laid before the House the veto message from the President.
The Chair announced that the objections of the President to H.J. Res. 98 would be spread at large upon the Journal, and the veto message would be printed as a House Document (118-135).
POSTPONED CONSIDERATION OF VETO MESSAGE - The Chair announced that further consideration of the veto message and the joint resolution, H.J. Res. 98, is postponed until the legislative day of Tuesday, May 7, 2024. Agreed to without objection.
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The Chair laid before the House the veto message from the President. (text: 5/6/2024 CR H2840)
DEBATE - Pursuant to a previous order of the House of May 6, 2024 the unfinished business is the further consideration of the veto message of the President on H.J. Res. 98. The House proceeded with one hour of debate on the objections of the President to the contrary notwithstanding. (consideration: CR H2891-2896)
The previous question was ordered without objection.
POSTPONED PROCEEDINGS - At the conclusion of debate on the veto message of the President to H.J. Res. 98, the Chair put the question on will the House, on reconsideration, pass H.J. Res. 98, the objections of the President to the contrary notwithstanding. Under the Constitution, the vote must be taken by the yeas and nays. Further proceedings were postponed until a time to be announced.
The Chair announced the unfinished business to be the consideration of the veto. (consideration: CR H2908-2909)
Failed of passage in House over veto On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 214 - 191 (Roll no. 185).
Roll Call #185 (House)On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 214 - 191 (Roll no. 185).
Roll Call #185 (House)Motion to refer the bill and accompanying veto message to the Committee on Education and the Workforce.
On motion to refer the bill and the accompanying veto message to the Committee on Education and the Workforce. Agreed to without objection.
The Chair directed the Clerk to notify the Senate of the action of the House.