General Summary of the Bill

House Joint Resolution 98, passed on January 12, 2024, aims to express congressional disapproval of a rule set forth by the National Labor Relations Board (NLRB). This rule pertains to the standards used to determine "joint employer status." Essentially, the resolution is Congress's way of negating the NLRB's rule, which means that the rule would have no legal standing or effect.

Summary of Significant Issues

One core issue with the bill's language is the lack of specificity in outlining what steps follow congressional disapproval of the rule. The bill states that Congress disapproves the NLRB's rule, but doesn't provide further guidance on what actions are expected afterward. This vagueness could lead to confusion about what, if any, subsequent procedures or measures should be enacted to ensure the rule's negation.

Additionally, the phrase indicating the rule "shall have no force or effect" might not entirely capture the full legislative intent or ramifications. This could potentially lead to misunderstandings or inconsistencies in how this disapproval is implemented or enforced.

Impact on the Public

The disapproval of the NLRB's rule on joint employer status could have wide-ranging implications for both employers and employees. Joint employer status is a critical legal concept that affects how companies share responsibilities for employees, particularly in matters like collective bargaining and employment rights. By rejecting this rule, Congress may be attempting to maintain or return to a previous standard or status quo.

For the general public, this could lead to shifts in how employment relationships are structured, potentially affecting worker rights, benefits, and protections. It might also influence how companies organize their internal and external business partnerships.

Impact on Specific Stakeholders

• Employers: Businesses, particularly those engaging in franchising or complex staffing arrangements, might face uncertainty without clear guidelines for establishing joint employer responsibility. Some employers may see this congressional action as advantageous, avoiding additional liabilities or obligations tied to joint employer status.

• Employees: Workers could be negatively impacted if the disapproval leads to reduced clarity regarding who is responsible for their employment rights. This could affect their ability to seek recourse for workplace issues or bargain effectively.

• Labor Relations Professionals: These professionals may find themselves in a challenging position as they navigate the uncertain terrain between NLRB directives and congressional actions. They would need to adapt quickly to any legal landscape changes resulting from this bill.

Overall, the resolution's impact depends significantly on how tightly or loosely revised guidelines are subsequently interpreted and enforced. Whether these changes are beneficial or detrimental relies on one's perspective within the labor economy, balancing employer flexibility against worker protection.