# What This Bill Does: Congressional Disapproval of the Joint Employer Rule

Congress is trying to block a new rule from the National Labor Relations Board (NLRB) that changes how companies determine whether they're "joint employers" of workers. This is a technical but important issue that affects how workers are classified and what rights they have.

Here's what's happening: The NLRB recently created a new standard for deciding when multiple companies share responsibility for the same workers. Under the old approach, companies had to have direct control over workers' day-to-day activities to be considered joint employers. The new rule makes it easier to classify companies as joint employers even if they only have indirect control or influence over working conditions. This matters because joint employers can be held responsible for labor violations and wage issues together, giving workers more potential defendants if something goes wrong.

This bill is Congress's way of saying "we don't want this new rule." If it passes, it would cancel the NLRB's new standard and go back to the old rules. The practical effect depends on which side you're on: Workers and labor advocates generally support the new rule because it makes it easier to hold large corporations accountable when they use subcontractors or franchise arrangements. Business groups oppose it because they worry it exposes them to more legal liability for workers they don't directly employ. Franchise owners, staffing companies, and businesses that rely on contractors are particularly concerned about the expanded definition.

The bill uses a special congressional process called the Congressional Review Act, which allows Congress to overturn recent federal agency rules with a simple majority vote rather than the normal legislative process.

A 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 a "Standard for Determining Joint Employer Status".

Cassidy, Bill

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 is currently scheduled to take effect on February 26, 2024.&nbsp;&nbsp;