November 9, 2023

Senate Health, Education, Labor and Pensions (HELP) Committee Ranking Member Bill Cassidy (R-LA), along with Senate Minority Leader Mitch McConnell (R-KY), Sen. Joe Manchin (D-WV), Speaker Mike Johnson (R-LA), House Education and the Workforce Committee Chair Virginia Foxx (R-NC), and Rep. John James (R-MI) introduced bicameral Congressional Review Act (CRA) resolutions to overturn the SWACCA-supported National Labor Relations Board’s (NLRB) final joint employer rule. The CRA process allows Congress to nullify “major” rules issued by federal agencies if both chambers pass a CRA resolution by a simple majority and the President signs it.

Back in December 2022, SWACCA submitted comments on the NLRB’s proposed joint employer rule that highlighted our support for rescinding the previous Administration’s joint employer standard and replacing it with the NLRB’s October 2023 final rule because it will help to reduce employee misclassification in the construction industry. As SWACCA urged in its December 2022 comments, under the NLRB’s final rule issued on October 26, 2023, an entity may be considered a joint employer of a group of employees if each entity has an employment relationship with the employees and they share or codetermine one or more of the employees’ essential terms and conditions of employment, which are defined as: (1) wages, benefits, and other compensation; (2) hours of work and scheduling; (3) the assignment of duties to be performed; (4) the supervision of the performance of duties; (5) work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for discipline; (6) the tenure of employment, including hiring and discharge; and (7) working conditions related to the safety and health of employees.

Rest assured, SWACCA and our allies are already taking steps to counteract efforts to reverse our regulatory victory through the CRA process. 

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