January 12, 2024 | H.J. Res. 98

The NLRB Joint Employer Congressional Review Act would challenge the National Labor Relations Board’s (NLRB) final rule addressing joint-employer status under the National Labor Relations Act (NLRA). The final rule states that when workers negotiate for fair wages and working conditions, companies should not hide behind a subcontractor or staffing agency to deny workers their rights. Workers in industries across the country, such as hospitality, construction, retail, tech, and more, are hired through intermediary subcontractors like staffing agencies and specialized contract firms, and they are routinely deprived of their rights because the law does not recognize who their employers are. A successful Congressional Review Act disapproval resolution would be harmful as it would revert to the Board’s 2020 rule, which would impede workers’ ability to collectively bargain and create confusion for workers, unions and the employers.