H.J.Res. 98 · 118th Congress · House

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".

Enacted· The Chair directed the Clerk to notify the Senate of the action of the House.
Introduced
Nov 9, 23
Passed House
Jan 12, 24
Passed Senate
Apr 10, 24
Sent to President
May 1, 24
Signed into Law
May 3, 24

Executive Summary

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 took effect on February 26, 2024.  

 

Previous Versions

00Nov 9, 2023

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.

 

Action Timeline

39
  1. MAY 07, 2024Veto

    The Chair laid before the House the veto message from the President

    (text: 5/6/2024 CR H2840)

  2. MAY 07, 2024Floor

    DEBATE - 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)

    2891Yea
    2896Nay
    0NV
  3. MAY 07, 2024Floor

    The previous question was ordered without objection.

  4. MAY 07, 2024Floor

    POSTPONED 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. MAY 07, 2024President

    The Chair announced the unfinished business to be the consideration of the veto

    (consideration: CR H2908-2909)

    2908Yea
    2909Nay
    0NV
  6. MAY 07, 2024Veto

    Failed 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).

    Roll Call #185
    214Yea
    191Nay
    0NV
  7. MAY 07, 2024Veto

    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).

    Roll Call #185
    214Yea
    191Nay
    0NV
  8. MAY 07, 2024Veto

    Motion to refer the bill and accompanying veto message to the Committee on Education and the Workforce.

  9. MAY 07, 2024Veto

    On motion to refer the bill and the accompanying veto message to the Committee on Education and the Workforce. Agreed to without objection.

  10. MAY 07, 2024Floor

    The Chair directed the Clerk to notify the Senate of the action of the House.

  11. MAY 06, 2024Floor

    The Chair laid before the House the veto message from the President.

  12. MAY 06, 2024Floor

    The 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).

    118Yea
    135Nay
    0NV
  13. MAY 06, 2024Floor

    POSTPONED 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.

  14. MAY 03, 2024President

    Vetoed by President.

  15. MAY 03, 2024President

    Vetoed by President.

  16. MAY 01, 2024President

    Presented to President.

  17. MAY 01, 2024Floor

    Presented to President.

  18. APR 15, 2024Floor

    Message on Senate action sent to the House.

  19. APR 10, 2024Floor

    Passed/agreed to in Senate

    Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 122. (text: CR S2695)

    50Yea
    48Nay
    0NV
  20. APR 10, 2024Floor

    Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number

    122. (text: CR S2695)

    50Yea
    48Nay
    0NV
  21. JAN 16, 2024IntroReferral

    Received in the Senate.

  22. JAN 12, 2024Floor

    Considered under the provisions of rule H

    Res. 947. (consideration: CR H112-124)

    112Yea
    124Nay
    0NV
  23. JAN 12, 2024Floor

    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.

  24. JAN 12, 2024Floor

    DEBATE - The House proceeded with one hour of debate on H.J. Res. 98.

  25. JAN 12, 2024Floor

    The previous question was ordered pursuant to the rule.

  26. JAN 12, 2024Floor

    POSTPONED 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.

  27. JAN 12, 2024Floor

    Considered as unfinished business

    (consideration: CR H124-125)

    124Yea
    125Nay
    0NV
  28. JAN 12, 2024Floor

    Passed/agreed to in House

    Roll Call #10

    On passage Passed by the Yeas and Nays: 206 - 177 (Roll no. 10). (text: CR H113)

    206Yea
    177Nay
    0NV
  29. JAN 12, 2024Floor

    On passage Passed by the Yeas and Nays

    Roll Call #10

    206 - 177 (Roll no. 10). (text: CR H113)

    206Yea
    177Nay
    0NV
  30. JAN 12, 2024Floor

    Motion to reconsider laid on the table Agreed to without objection.

  31. JAN 09, 2024Floor

    Rules 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.

  32. JAN 03, 2024Committee

    Reported by the Committee on Education and the Workforce. H. Rept. 118-338.

    118Yea
    338Nay
    0NV
  33. JAN 03, 2024Committee

    Reported by the Committee on Education and the Workforce. H. Rept. 118-338.

    118Yea
    338Nay
    0NV
  34. JAN 03, 2024Calendars

    Placed on the Union Calendar, Calendar No. 277.

  35. DEC 12, 2023Committee

    Committee Consideration and Mark-up Session Held

  36. DEC 12, 2023Committee

    Ordered to be Reported by the Yeas and Nays: 25 - 20.

    25Yea
    20Nay
    0NV
  37. NOV 09, 2023IntroReferral

    Introduced in House

  38. NOV 09, 2023IntroReferral

    Introduced in House

  39. NOV 09, 2023IntroReferral

    Referred to the House Committee on Education and the Workforce.

Committees

5

Education and Workforce Committee

hsed00

Referred: May 7, 2024

Active

Education and Workforce Committee

hsed00

Referred: May 7, 2024

Active

Education and Workforce Committee

hsed00

Referred: Jan 3, 2024

Active

Education and Workforce Committee

hsed00

Referred: Dec 12, 2023

Active

Education and Workforce Committee

hsed00

Referred: Nov 9, 2023

Active