House committee resolution latest move in fight over ‘joint employer’ definition

Washington — The House Education and the Workforce Committee has approved a resolution intended to repeal the National Labor Relations Board’s recently revised joint employer rule.

The Congressional Review Act joint resolution of disapproval – advanced with a 25-20 vote Dec. 13 – has little chance of moving beyond the House. It would need approval from the Democrat-controlled Senate and President Joe Biden’s signature. 

CRA resolutions, established as part of the Small Business Regulatory Enforcement Fairness Act of 1996, allow for the repeal of regulations within 60 legislative days of issuance. The act has been used successfully 20 times in 27 years.

For the second time in less than four years, NLRB on Oct. 27 changed its definition of a “joint employer.”

In the final rule, NLRB says it’s restored its previous definition of a joint employer: when two or more entities “share or codetermine” one or more of an employee’s essential terms and conditions of employment. Those “essential terms and conditions” include worker safety and health.

In a press release announcing the revised rule, NLRB Chair Lauren McFerran said the board will still determine on a case-by-case basis whether two or more employers meet the “joint employer” standard.