Us Congress Senate Bill SJR49

Us Congress 2023-2024 Regular Session

• Introduced: 11/9/23
• Refer: 11/9/23

Caption

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".

Impact

Should SJR49 pass, it would effectively nullify the NLRB's rule and maintain the previous standard for joint employer status. This could have significant implications for businesses, particularly those that rely on subcontracting or franchise models. The existing framework, prior to the new NLRB rule, was seen by some as offering greater flexibility for employers, potentially shielding them from liabilities associated with workers employed by third parties. Conversely, labor advocates argue that the new rule was essential for protecting workers' rights and ensuring accountability across different companies that share employment responsibilities.

Summary

SJR49 is a joint resolution aimed at disapproving a rule established by the National Labor Relations Board (NLRB) regarding the 'Standard for Determining Joint Employer Status.' This resolution provides a mechanism for Congress to object to administrative rules, specifically those perceived as overreaching or misaligned with legislative intent. The rule in question was established in response to changing dynamics in the workforce and employer-employee relationships, particularly concerning how companies share responsibilities and obligations towards their workers.

Contention

The resolution has sparked considerable debate among lawmakers and stakeholders. Proponents of SJR49 argue that the NLRB's new standard could lead to excessive liability for employers and complicate business operations, particularly for small businesses. They maintain that disapproving the rule will offer necessary relief. In contrast, opponents, including labor unions and worker advocacy groups, view the resolution as an attempt to undermine workers' protections and limit their rights to equitable treatment in the workplace. These opposing views illustrate the ongoing tension between regulatory oversight and business interests in the context of employment laws.