News Detail

NLRB Appeals Ruling Vacating SWACCA-Supported Joint Employer Rule as House Attempts to Override Biden Veto of Resolution Seeking to Nullify the Final Rule

The National Labor Relations Board (NLRB) filed an appeal in the U.S. Court of Appeals for the Fifth Circuit seeking to reverse a decision by the U.S. District Court for the Eastern District of Texas that vacated the NLRB’s SWACCA-supported joint employer rule that broadened the Board’s test for determining when multiple companies jointly employ workers and thus share liability and obligations under federal labor law.

The appeal comes as the House prepares to vote later this afternoon on a motion to override President Biden’s veto of H.J. Res. 98, a Congressional Review Act resolution to overturn the NLRB’s joint employer rule. The vote is expected to fail and not reach the required two-thirds majority necessary to override President Biden's veto.

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