Bills · 118th Congress · Labor and Employment
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 "Standard for Determining Joint Employer Status".
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Roll calls on this bill
Votes on passage
Failed
- Democratic9 Yea · 191 Nay · 13 Not voting
- Republican205 Yea · 0 Nay · 11 Not voting
- Independent / Other0 Yea · 0 Nay · 0 Not voting
Joint Resolution Passed
- Democratic0 Yea · 46 Nay · 1 Not voting
- Republican47 Yea · 1 Nay · 1 Not voting
- Independent / Other3 Yea · 1 Nay · 0 Not voting
Official summary (CRS)Full text on congress.gov ↗
This joint resolution nullifies the final rule issued by the National Labor Relations Board titled Standard for Determining Joint Employer Status and published on October 27, 2023. The rule establishes a new joint employer standard for determining whether two employers simultaneously employ a particular employee or employees.
Under the rule, an entity may be considered a joint employer of another employer's employees if the two share or codetermine the employees' essential terms and conditions of employment.
The rule is currently scheduled to take effect on February 26, 2024.
Cosponsors
68
68
Introduced
11/9/23
11/9/23
Status
11/9/23Referred to the House Committee on Education and the Workforce.
11/9/23Introduced in House
12/12/23Ordered to be Reported by the Yeas and Nays: 25 - 20.
12/12/23Committee Consideration and Mark-up Session Held
1/3/24Placed on the Union Calendar, Calendar No. 277.
1/3/24Reported by the Committee on Education and the Workforce. H. Rept. 118-338.
1/9/24Rules Committee Resolution H. Res. 947 Reported to House. Rule provides for consideration of H.R. 788, H.J. Res. 98 and S.J. Res. 38. The resolution provides for consideration of H.R. 788 under a structured rule, with one hour of general debate. The resolution provides for consideration of H.J. Res. 98 and S.J. Res. 38 under a closed rule, with one hour of general debate on each joint resolution. Also, the resolution provides for a motion to recommit on H.R. 788 and H.J. Res. 98. A motion to commit on S.J. Res. 38.
1/12/24Motion to reconsider laid on the table Agreed to without objection.
1/12/24On passage Passed by the Yeas and Nays: 206 - 177 (Roll no. 10). (text: CR H113)
1/12/24Passed/agreed to in House: On passage Passed by the Yeas and Nays: 206 - 177 (Roll no. 10). (text: CR H113)
1/12/24Considered as unfinished business. (consideration: CR H124-125)
1/12/24POSTPONED PROCEEDINGS - At the conclusion of debate on H.J. Res. 98, the Chair put the question on passage of the joint resolution and by voice vote, announced that the ayes had prevailed. Ms. Foxx demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
1/12/24The previous question was ordered pursuant to the rule.
1/12/24DEBATE - The House proceeded with one hour of debate on H.J. Res. 98.
1/12/24Rule provides for consideration of H.R. 788, H.J. Res. 98 and S.J. Res. 38. The resolution provides for consideration of H.R. 788 under a structured rule, with one hour of general debate. The resolution provides for consideration of H.J. Res. 98 and S.J. Res. 38 under a closed rule, with one hour of general debate on each joint resolution. Also, the resolution provides for a motion to recommit on H.R. 788 and H.J. Res. 98. A motion to commit on S.J. Res. 38.
1/12/24Considered under the provisions of rule H. Res. 947. (consideration: CR H112-124)
1/16/24Received in the Senate.
4/10/24Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 122. (text: CR S2695)
4/10/24Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 122. (text: CR S2695)
4/15/24Message on Senate action sent to the House.
5/1/24Presented to President.
5/3/24Vetoed by President.
5/6/24POSTPONED CONSIDERATION OF VETO MESSAGE - The Chair announced that further consideration of the veto message and the joint resolution, H.J. Res. 98, is postponed until the legislative day of Tuesday, May 7, 2024. Agreed to without objection.
5/6/24The Chair announced that the objections of the President to H.J. Res. 98 would be spread at large upon the Journal, and the veto message would be printed as a House Document (118-135).
5/6/24The Chair laid before the House the veto message from the President.
5/7/24The Chair directed the Clerk to notify the Senate of the action of the House.
5/7/24On motion to refer the bill and the accompanying veto message to the Committee on Education and the Workforce. Agreed to without objection.
5/7/24Motion to refer the bill and accompanying veto message to the Committee on Education and the Workforce.
5/7/24On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 214 - 191 (Roll no. 185).
5/7/24Failed of passage in House over veto On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 214 - 191 (Roll no. 185).
5/7/24The Chair announced the unfinished business to be the consideration of the veto. (consideration: CR H2908-2909)
5/7/24POSTPONED PROCEEDINGS - At the conclusion of debate on the veto message of the President to H.J. Res. 98, the Chair put the question on will the House, on reconsideration, pass H.J. Res. 98, the objections of the President to the contrary notwithstanding. Under the Constitution, the vote must be taken by the yeas and nays. Further proceedings were postponed until a time to be announced.
5/7/24The previous question was ordered without objection.
5/7/24DEBATE - Pursuant to a previous order of the House of May 6, 2024 the unfinished business is the further consideration of the veto message of the President on H.J. Res. 98. The House proceeded with one hour of debate on the objections of the President to the contrary notwithstanding. (consideration: CR H2891-2896)
5/7/24The Chair laid before the House the veto message from the President. (text: 5/6/2024 CR H2840)