What’s new: Today, Senators Joe Manchin (D-WV), Angus King (I-ME), and Kyrsten Sinema (I-AZ), joined 47 Senate Republicans in voting to nullify the National Labor Relations Board’s (NLRB) joint employer rule. The measure passed 50-48. Senator Josh Hawley (R-MO) voted against it and Senators Lee (R-UT) and Menendez (D-NJ) did not vote. Thank you to everyone who helped us get this vote across the finish line!
What’s next: The joint resolution of disapproval, which has previously passed the House, now heads to the President. However, the President has previously stated that he will veto it, undermining the will of the tripartisan majority of U.S. Representatives and Senators. Go deeper: On March 8th, the judge overseeing the legal challenge to the NLRB’s 2023 joint employer regulation agreed with the Restaurant Law Center, the U.S. Chamber of Commerce and the other plaintiffs, forbidding enforcement of the 2023 joint employer rule against any National Restaurant Association member. The court reinstated the 2020 joint employer rule, which we support, that creates a joint employer relationship only if there is immediate and direct control of the employees of the other business entity. We expect the NLRB to appeal the decision to the Fifth Circuit while simultaneously attempting to move forward in the DC Circuit
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April 2024
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