The National Labor Relations Board (NLRB) announced it will extend the effective date of its joint employer rule to Feb. 26, 2024, to facilitate resolution of legal challenges to the rule.
The NLRB released the final rule on Oct. 26 with an implementation date of Dec. 26. The rule was published in the Federal Register on Oct. 27.
U.S. Sen. Bill Cassidy, R-La., sent a letter informing the NLRB that it was out of compliance with the Congressional Review Act's 60-day threshold rule, which mandates that the implementation of all major federal rules must be delayed 60 days from when they are received by Congress.
On Nov. 9, the Government Accountability Office (GAO) determined that the NLRB's effective date was in violation of the Congressional Review Act because the U.S. Senate received the rule on Oct. 30.
Recently, Cassidy joined U.S. Sens. Joe Manchin, D-W.Va., and Mitch McConnell, R-Ky., along with U.S. Reps. Virginia Foxx, R-N.C., John James, R-Mich., and Speaker of the House Mike Johnson, R-La., in introducing a Congressional Review Act resolution of disapproval to overturn the NLRB's joint employer rule.
We've collected a group of articles on the news from SHRM Online and other trusted sources.
Lawsuit Underway
On Nov. 9, a collection of business groups sued the NLRB in federal district court, alleging the joint employer rule is unlawful. The coalition includes the International Franchise Association, the National Retail Federation and the U.S. Chamber of Commerce.
The...
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