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".
- Introduced Nov 9
- Committee Nov 9
- Passed House Jan 12
- Passed Senate Apr 10
- To President May 1
- Law (vetoed) Not yet
Where it stands
Vetoed May 3, 2024Stopped unless Congress overrides the veto
904d ago May 7, 2024: The Chair directed the Clerk to notify the Senate of the action of the House.
Final votes
House 214-191
Senate 50-48
1st House 206-177
3 roll calls on this bill
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Votes
House roll 185
Passage, Objections of the President To The Contrary Notwithstanding
R 205-0 D 9-191
214-191
Failed
Senate roll 122
Passed Senate without amendment
Totals only
50-48
Passed
House roll 10
On Passage
R 198-0 D 8-177
206-177
Passed
Member trades
No member of Congress traded these companies within 90 days of a vote
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.
Full summary1 paragraphs
The rule took effect on February 26, 2024.
Library of Congress summary, Jan 12, 2024
Summary versions
- Passed HouseJan 12, 2024
- Introduced in HouseNov 9, 2023
Actions
- HouseThe Chair directed the Clerk to notify the Senate of the action of the House.May 7, 2024
- HousePOSTPONED 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.May 7, 2024
- HouseThe previous question was ordered without objection.May 7, 2024
- HouseDEBATE - 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)May 7, 2024
- HouseThe Chair laid before the House the veto message from the President. (text: 5/6/2024 CR H2840)May 7, 2024
- HouseThe Chair announced the unfinished business to be the consideration of the veto. (consideration: CR H2908-2909)May 7, 2024
- 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).May 7, 2024
- HouseOn passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 214 - 191 (Roll no. 185).May 7, 2024
- HouseMotion to refer the bill and accompanying veto message to the Committee on Education and the Workforce.May 7, 2024
- HouseOn motion to refer the bill and the accompanying veto message to the Committee on Education and the Workforce. Agreed to without objection.May 7, 2024
- HousePOSTPONED 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.May 6, 2024
- HouseThe 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).May 6, 2024
All actions33
- HouseThe Chair laid before the House the veto message from the President.May 6, 2024
- HouseVetoed by President.May 3, 2024
- HousePresented to President.May 1, 2024
- SenateMessage on Senate action sent to the House.Apr 15, 2024
- SenatePassed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 122. (text: CR S2695)Apr 10, 2024
- SenateReceived in the Senate.Jan 16, 2024
- HouseMotion to reconsider laid on the table Agreed to without objection.Jan 12, 2024
- HouseOn passage Passed by the Yeas and Nays: 206 - 177 (Roll no. 10). (text: CR H113)Jan 12, 2024
- HouseConsidered as unfinished business. (consideration: CR H124-125)Jan 12, 2024
- HousePOSTPONED 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.Jan 12, 2024
- HouseThe previous question was ordered pursuant to the rule.Jan 12, 2024
- HouseDEBATE - The House proceeded with one hour of debate on H.J. Res. 98.Jan 12, 2024
- HouseRule 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.Jan 12, 2024
- HouseConsidered under the provisions of rule H. Res. 947. (consideration: CR H112-124)Jan 12, 2024
- HouseRules 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.Jan 9, 2024
- HouseReported by the Committee on Education and the Workforce. H. Rept. 118-338.Jan 3, 2024
- HousePlaced on the Union Calendar, Calendar No. 277.Jan 3, 2024
- HouseCommittee Consideration and Mark-up Session HeldDec 12, 2023
- HouseOrdered to be Reported by the Yeas and Nays: 25 - 20.Dec 12, 2023
- HouseIntroduced in HouseNov 9, 2023
- HouseReferred to the House Committee on Education and the Workforce.Nov 9, 2023
Bill record
Text versions5
- Received in SenateJan 16, 2024PDF: Received in Senate
- Engrossed in HouseJan 12, 2024PDF: Engrossed in House
- Reported in HouseJan 3, 2024PDF: Reported in House
- Introduced in HouseNov 9, 2023PDF: Introduced in House
- Enrolled BillUndatedPDF: Enrolled Bill
Committees1
- House Education and Workforce CommitteeReported By Jan 3, 2024Markup By, Dec 12, 2023Referred To, Nov 9, 2023
Sponsor and cosponsors68 cosponsors
- Rep. John James (R-MI-10)Sponsor, Nov 9, 2023
- Aaron Bean (R-FL-4)OriginalJoined Nov 9, 2023
- Adrian Smith (R-NE-3)OriginalJoined Nov 9, 2023
- Alexander Mooney (R-WV-2)OriginalJoined Nov 9, 2023
- Ashley Hinson (R-IA-2)OriginalJoined Nov 9, 2023
- Bob Good (R-VA-5)OriginalJoined Nov 9, 2023
- Clay Higgins (R-LA-3)OriginalJoined Nov 9, 2023
- David Valadao (R-CA-22)OriginalJoined Nov 9, 2023
- Diana Harshbarger (R-TN-1)OriginalJoined Nov 9, 2023
- Earl Carter (R-GA-1)OriginalJoined Nov 9, 2023
- Elise Stefanik (R-NY-21)OriginalJoined Nov 9, 2023
- Eric Crawford (R-AR-1)OriginalJoined Nov 9, 2023
- Erin Houchin (R-IN-9)OriginalJoined Nov 9, 2023
- Glenn Thompson (R-PA-15)OriginalJoined Nov 9, 2023
- Greg Pence (R-IN-6)OriginalJoined Nov 9, 2023
- Jake LaTurner (R-KS-2)OriginalJoined Nov 9, 2023
- James Comer (R-KY-1)OriginalJoined Nov 9, 2023
- Jeff Duncan (R-SC-3)OriginalJoined Nov 9, 2023
- Jim Banks (R-IN-3)OriginalJoined Nov 9, 2023
- John Moolenaar (R-MI-2)OriginalJoined Nov 9, 2023
- John Rose (R-TN-6)OriginalJoined Nov 9, 2023
- Julia Letlow (R-LA-5)OriginalJoined Nov 9, 2023
- Lance Gooden (R-TX-5)OriginalJoined Nov 9, 2023
- Lisa McClain (R-MI-9)OriginalJoined Nov 9, 2023
- Michelle Steel (R-CA-45)OriginalJoined Nov 9, 2023
- Mike Johnson (R-LA-4)OriginalJoined Nov 9, 2023
- Scott Fitzgerald (R-WI-5)OriginalJoined Nov 9, 2023
- Tim Walberg (R-MI-5)OriginalJoined Nov 9, 2023
- Tom Cole (R-OK-4)OriginalJoined Nov 9, 2023
- Virginia Foxx (R-NC-5)OriginalJoined Nov 9, 2023
- Nathaniel Moran (R-TX-1)Joined Nov 13, 2023
- Rick Allen (R-GA-12)Joined Nov 13, 2023
- Robert Latta (R-OH-5)Joined Nov 13, 2023
- Rudy Yakym (R-IN-2)Joined Nov 13, 2023
- Jerry Carl (R-AL-1)Joined Nov 14, 2023
- John Rutherford (R-FL-5)Joined Nov 14, 2023
- Warren Davidson (R-OH-8)Joined Nov 14, 2023
- Larry Bucshon (R-IN-8)Joined Nov 15, 2023
- Tracey Mann (R-KS-1)Joined Nov 15, 2023
- Daniel Meuser (R-PA-9)Joined Nov 28, 2023
- Nicholas Langworthy (R-NY-23)Joined Nov 28, 2023
- Troy Balderson (R-OH-12)Joined Nov 30, 2023
- Pete Stauber (R-MN-8)Joined Dec 1, 2023
- Kevin Kiley (R-CA-3)Joined Dec 4, 2023
- Cathy Rodgers (R-WA-5)Joined Dec 7, 2023
- Andy Barr (R-KY-6)Joined Dec 11, 2023
- Brett Guthrie (R-KY-2)Joined Dec 11, 2023
- David Joyce (R-OH-14)Joined Dec 11, 2023
- Eric Burlison (R-MO-7)Joined Dec 11, 2023
- Harriet Hageman (R-WY)Joined Dec 11, 2023
- Kevin Hern (R-OK-1)Joined Dec 11, 2023
- Paul Gosar (R-AZ-9)Joined Dec 11, 2023
- Scott Perry (R-PA-10)Joined Dec 11, 2023
- Stephanie Bice (R-OK-5)Joined Dec 11, 2023
- Debbie Lesko (R-AZ-8)Joined Dec 12, 2023
- Brad Finstad (R-MN-1)Joined Dec 13, 2023
- Chuck Edwards (R-NC-11)Joined Dec 13, 2023
- James Baird (R-IN-4)Joined Dec 13, 2023
- Carol Miller (R-WV-1)Joined Dec 14, 2023
- Young Kim (R-CA-40)Joined Dec 14, 2023
- David Rouzer (R-NC-7)Joined Dec 19, 2023
- Glenn Grothman (R-WI-6)Joined Dec 19, 2023
- Gregory Murphy (R-NC-3)Joined Dec 19, 2023
- John Joyce (R-PA-13)Joined Dec 19, 2023
- Roger Williams (R-TX-25)Joined Dec 19, 2023
- Steve Womack (R-AR-3)Joined Dec 19, 2023
- William Timmons (R-SC-4)Joined Jan 2, 2024
- Brandon Williams (R-NY-22)Joined Jan 3, 2024
- Dusty Johnson (R-SD)Joined Jan 3, 2024
Amendments0
No amendments offered
Cost estimates and reports2
- CBO: H.J. Res. 98, a joint resolution 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”Jan 9, 2024As reported by the House Committee on Education and the Workforce on January 3, 2024
- H. Rept. 118-338Committee report
Titles1
Official titles
- 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".Official Title as Introduced
Subjects3
Policy area
Legislative subjects
Corporate finance and managementEmployee benefits and pensions
Related bills2
- S.J.Res. 49 118th, Identical bill A joint resolution 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 a "Standard for Determining Joint Employer Status".
- H.Res. 947 118th, Related bill, Procedurally related Providing for consideration of the bill (H.R. 788) to limit donations made pursuant to settlement agreements to which the United States is a party, and for other purposes; providing for consideration of the joint resolution (H.J. Res. 98) 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''; and providing for consideration of the joint resolution (S.J. Res. 38) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "Waiver of Buy America Requirements for Electric Vehicle Chargers''.
Official record from Congress.gov, the House Clerk and the Senate; lobbying from Lobbying Disclosure Act filings. Updated Oct 27, 2026.