On May 7, the National Labor Relations Board filed notice that it will appeal a ruling by a federal judge in Texas that struck down the NLRB’s October 2023 joint employer final rule. The rule in question would have established a new and broader standard for determining whether separate entities are considered joint employers under the National Labor Relations Act, but a Texas court’s March 2024 decision invalidated it.  We will continue to monitor for developments relating to this case and the underlying rule.

As expected, on May 3, President Biden vetoed a Congressional resolution that would have overturned the National Labor Relations Board’s new and expanded standard for determining whether separate entities are considered “joint employers” for purposes of the National Labor Relations Act.  Meanwhile, even without the repeal that would have resulted if the President had elected to sign the resolution, the NLRB’s final rule has been blocked by a federal court.

On a vote of 50-48, the U.S. Senate on April 10 voted to overturn the NLRB’s final joint employer rule. Under the Congressional Review Act, one or both houses of Congress may take up what’s called a “joint resolution of disapproval,” as a tool to overturn a rule issued by a federal agency. The U.S. House of Representatives voted in January to overturn the NLRB’s joint employer standard, then referred the matter to the Senate, which followed suit.  While President Biden is expected to veto the resolution, passage by both the House and Senate shows that there are significant concerns about the rule.

U.S. District Judge J. Campbell Barker of the Eastern District of Texas struck down the National Labor Relations Board’s final joint employer rule on March 8, meaning the rule will not take effect unless and until the NLRB successfully appeals.  This LeadingAge article summarizes the court’s decision and what it means.

Senators Mike Braun (R-IN), Tim Scott (R-SC), Marco Rubio (R-FL), and Pete Ricketts (R-NE) sent a November 20 letter to the National Labor Relations Board sharing significant concerns with the Board’s 2023 Joint Employer Rule, and citing the December 2022 comment letter LeadingAge submitted to NLRB in response to the rule when it was proposed.  See this Bulletin for additional information.

On November 16, the National Labor Relations Board (NLRB) extended the effective date of its recent rule on determining the standard for joint-employer status from December 26, 2023, to February 26, 2024. In its announcement, the NLRB notes that the extension is intended to facilitate resolution of legal challenges with respect to the rule, and that new standard will only be applied to cases filed after the rule becomes effective. LeadingAge will follow the litigation as it unfolds, and provide other information for members, over the coming weeks. On November 9, the U.S. Chamber of Commerce and a coalition of business groups filed a lawsuit challenging the rule in the U.S. District Court for the Eastern District of Texas.

On October 26 the National Labor Relations Board (NLRB) released a final rule that will significantly broaden the standard for determining whether separate entities are “joint employers” of particular employees within the meaning of the National Labor Relations Act.  The final rule will take effect on December 26, 2023; however, the rule will likely be subject to legal challenges.

In a filing published February 22 in the Federal Register, the National Labor Relations Board (NLRB) identified August 2023 as the target date for finalizing a proposed rule that would revise the standard for determining whether separate entities are “joint employers” of particular employees within the meaning of the National Labor Relations Act.

On December 7, LeadingAge submitted comments to the National Labor Relations Board voicing opposition to a proposed rule that would significantly expand the standard for determining whether separate entities may be considered “joint employers” of particular employees under the National Labor Relations Act. Our letter emphasized that the expansive breadth of the proposed standard would unreasonably impose risks on organizations of expanded collective bargaining obligations and of liability for unfair labor practices committed by those organizations’ business partners with respect to their own employees. We will continue to follow the progress of this proposed rule, which we expect to be finalized during the first quarter of 2023.

Comments on the National Labor Relations Board’s proposal  to rewrite the current standard for determining whether separate entities are joint employers under the National Labor Relations Act are due December 7.  LeadingAge is working with members to inform our comment letter. A summary of the proposal, and a related rule, is available here.

The National Labor Relations Board (NLRB) on September 7 released a released a Notice of Proposed Rulemaking proposing to revise the standard for determining whether separate entities are “joint employers” of particular employees within the meaning of the National Labor Relations Act (NLRA). The NLRB is proposing to rescind and replace the joint-employer rule that took effect on April 27, 2020, and LeadingAge is reviewing the proposed rule and examining its implications for providers.