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Monday, April 20, 2026

Beltway Buzz - October 2023 #4 | Ogletree, Deakins, Nash, Smoak ... - JD Supra

Fourth Time’s a Charm. After three-plus weeks and three failed nominees, on October 25, 2023, the U.S. House of Representatives elected Mike Johnson (R-LA) to be the Speaker of the House by a vote of 220–209. Johnson, the fifty-sixth House Speaker in U.S. history, has a tough task in front of him, but he already has a legislative plan in place for the next twelve months. The plan calls for the passage of a continuing resolution to extend government funding into 2024 and includes timetables for addressing other major issues, such as the reauthorization of the Federal Aviation Administration and the Farm Bill. Sounds easy, right? Speaker Johnson might do well to heed the fictitious words of George Washington in Hamilton: “Winning was easy, young man—governing’s harder.”

NLRB Issues Joint-Employer Rule. Today, October 27, 2023, the National Labor Relations Board (NLRB) published its much-anticipated “Standard for Determining Joint Employer Status,” and the three-member Democratic majority didn’t pull any punches. The final rule replaces the 2020 joint-employer rule and states that two or more employers are joint employers “if the employers share or codetermine those matters governing employees’ essential terms and conditions of employment.” “Essential terms and conditions of employment” 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...



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