NEWS | House Passes Res. Overturning NLRB Joint Employer Rule

Supporters of the Resolution say the new joint employer standard could harm jobs and dramatically increase costs to employers and consumers. 

TODAY Congressional House Members voted to pass a resolution overturning the National Labor Relations Board (NLRB) new joint employer rule.  

RELATED | NLRB Proposing Rule to Expand Joint-Employer Statuses

The NLRB rule, set to take effect Feb. 26, makes it easier for multiple companies to be jointly liable for labor law violations and be jointly required to bargain with employee unions. 

Passing 206-177, the House resolution rejects the NLRB rule and is making its way to the Senate under the Congressional Review Act.   

This procedural maneuver helps the resolution to avoid the typical 60 votes required for most legislation in the Senate.  Legislative action of this type can be also initiated by the minority party, circumventing the majority leader’s ability to block it. Unfortunately, a resolution doesn’t carry the weight of legislation and is rather a statement of opinion—so ultimately this will not prevent the NLRB rule from going into effect. 

Although the resolution passed the House largely among party lines, a number of Democrats joined the majority Republicans to support the measure.  

RELATED | House Panel Moves Resolution to Block NLRB Joint Employer Rule

Opponents of the rule have said it could harm jobs and dramatically increase costs to employers and consumers. Some senators have also said the labor board’s move could have a negative impact on older Americans by raising regulatory costs for senior living facilities that often contract out work to service providers—and would be considered joint employers under the rule. 

Additionally, the resolution is vulnerable to a presidential veto and could be rejected by President Joe Biden. 

Follow NSBA as we continue tracking this change from the NLRB on Capitol Hill and across Washington.