HJRES 98 · 118th Congress 2023–2025, ended

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".

Latest action · May 7, 2024 The Chair directed the Clerk to notify the Senate of the action of the House.

Progress

Where this resolution reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedNov 9, 2023
  2. Passed HouseJan 12, 2024
  3. Passed SenateApr 10, 2024
  4. To the PresidentMay 1, 2024
  5. VetoedMay 3, 2024

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.  

 

Recorded votes 3

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 185Failed214–191May 7, 2024
Senate 122Joint Resolution Passed50–48Apr 10, 2024
House 10Passed206–177Jan 12, 2024

Cosponsors 68

Members who signed on, in the order they did. Signatures ran from Nov 9, 2023 to Jan 3, 2024; 29 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-FLAaron BeanOriginalNov 9, 2023
R-NEAdrian SmithOriginalNov 9, 2023
R-WVAlexander X. MooneyOriginalNov 9, 2023
R-IAAshley HinsonOriginalNov 9, 2023
R-VABob GoodOriginalNov 9, 2023
R-LAClay HigginsOriginalNov 9, 2023
R-CADavid G. ValadaoOriginalNov 9, 2023
R-TNDiana HarshbargerOriginalNov 9, 2023
R-GAEarl L. "Buddy" CarterOriginalNov 9, 2023
R-NYElise M. StefanikOriginalNov 9, 2023
R-AREric A. "Rick" CrawfordOriginalNov 9, 2023
R-INErin HouchinOriginalNov 9, 2023
R-PAGlenn ThompsonOriginalNov 9, 2023
R-INGreg PenceOriginalNov 9, 2023
R-KSJake LaTurnerOriginalNov 9, 2023
R-KYJames ComerOriginalNov 9, 2023
R-SCJeff DuncanOriginalNov 9, 2023
R-INJim BanksOriginalNov 9, 2023
R-MIJohn R. MoolenaarOriginalNov 9, 2023
R-TNJohn W. RoseOriginalNov 9, 2023
R-LAJulia LetlowOriginalNov 9, 2023
R-TXLance GoodenOriginalNov 9, 2023
R-MILisa C. McClainOriginalNov 9, 2023
R-CAMichelle SteelOriginalNov 9, 2023
R-LAMike JohnsonOriginalNov 9, 2023
R-WIScott FitzgeraldOriginalNov 9, 2023
R-MITim WalbergOriginalNov 9, 2023
R-OKTom ColeOriginalNov 9, 2023
R-NCVirginia FoxxOriginalNov 9, 2023
R-TXNathaniel MoranNov 13, 2023
R-GARick W. AllenNov 13, 2023
R-OHRobert E. LattaNov 13, 2023
R-INRudy Yakym IIINov 13, 2023
R-ALJerry L. CarlNov 14, 2023
R-FLJohn H. RutherfordNov 14, 2023
R-OHWarren DavidsonNov 14, 2023
R-INLarry BucshonNov 15, 2023
R-KSTracey MannNov 15, 2023
R-PADaniel MeuserNov 28, 2023
R-NYNicholas A. LangworthyNov 28, 2023
R-OHTroy BaldersonNov 30, 2023
R-MNPete StauberDec 1, 2023
R-CAKevin KileyDec 4, 2023
R-WACathy McMorris RodgersDec 7, 2023
R-KYAndy BarrDec 11, 2023
R-KYBrett GuthrieDec 11, 2023
R-OHDavid P. JoyceDec 11, 2023
R-MOEric BurlisonDec 11, 2023
R-WYHarriet M. HagemanDec 11, 2023
R-OKKevin HernDec 11, 2023
R-AZPaul A. GosarDec 11, 2023
R-PAScott PerryDec 11, 2023
R-OKStephanie I. BiceDec 11, 2023
R-AZDebbie LeskoDec 12, 2023
R-MNBrad FinstadDec 13, 2023
R-NCChuck EdwardsDec 13, 2023
R-INJames R. BairdDec 13, 2023
R-WVCarol D. MillerDec 14, 2023
R-CAYoung KimDec 14, 2023
R-NCDavid RouzerDec 19, 2023
R-WIGlenn GrothmanDec 19, 2023
R-NCGregory F. MurphyDec 19, 2023
R-PAJohn JoyceDec 19, 2023
R-TXRoger WilliamsDec 19, 2023
R-ARSteve WomackDec 19, 2023
R-SCWilliam R. Timmons IVJan 2, 2024
R-NYBrandon WilliamsJan 3, 2024
R-SDDusty JohnsonJan 3, 2024

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEducation and Workforce Committee
Referred Nov 9, 2023Markup Dec 12, 2023Reported Jan 3, 2024 May 7, 2024

Actions 33

Everything that happened, newest first.

  1. May 7, 2024The Chair laid before the House the veto message from the President. (text: 5/6/2024 CR H2840)
  2. May 7, 2024DEBATE - 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)
  3. May 7, 2024The previous question was ordered without objection.
  4. May 7, 2024POSTPONED 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 7, 2024The Chair announced the unfinished business to be the consideration of the veto. (consideration: CR H2908-2909)

In the Congressional Record 8

Days the Record’s own index lists this resolution, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E475Betty McCollum D-MNMay 10, 2024
HouseDebate and remarks H2891–H2896Recorded votes H2908override vetoBob Good R-VA, John James R-MI, Robert C. "Bobby" Scott D-VAMay 7, 2024
HouseDebate and remarks H2840Messages H2840Veto of H.J. Res. 98, Disapprove NLRB Rule Entitled ‘‘Standard for Determining Joint Employer Status’’: President BidenJerry L. Carl R-ALMay 6, 2024
SenateDebate and remarks S2679, S2695, S2701–S2703Recorded votes S2703disapproveBill Cassidy R-LA, Joe Manchin III D-WV, Mike Braun R-IN, Mitch McConnell R-KY, Roger Marshall R-KSApr 10, 2024
HouseDebate and remarks H112–H125Recorded votes H124disapproveBeth Van Duyne R-TX, Bob Good R-VA, Eric Sorensen D-IL, Greg Casar D-TX, Jay Obernolte R-CA, John James R-MI, Kevin Hern R-OK, Mark DeSaulnier D-CA, Mark Takano D-CA, Rick W. Allen R-GA, Robert C. "Bobby" Scott D-VA, Roger Williams R-TX, Sheila Jackson Lee D-TX, Suzanne Bonamici D-OR, Tim Walberg R-MI, Val T. Hoyle D-OR, Virginia Foxx R-NCJan 12, 2024

Research

What has been written about this resolution: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Clause 3 of section 8 of article I of the Constitution The single subject of this legislation is: Labor/Workforce

The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 186, November 9, 2023, page H5671.

Related bills 2

Companion bills and other measures the record links to this one.

Titles 1

Every title it has carried, official and short, at each stage.

Official Title as Introduced
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".

Subjects

Assigned by the Library of Congress. Policy area: Labor and Employment.

Text 5

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Jan 16, 2024Received in Senate
  3. Jan 12, 2024Engrossed in House
  4. Jan 3, 2024Reported in House
  5. Nov 9, 2023Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this resolution on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.