Overview
Title
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.
ELI5 AI
Congress wants to stop a new rule from being used that changes how workplaces decide who is in charge when two companies work together. This rule was set up by a group called the National Labor Relations Board, but Congress disagrees with it and wants it to not count anymore.
Summary AI
H. J. RES. 98 expresses Congress's disagreement with a rule established by the National Labor Relations Board concerning the "Standard for Determining Joint Employer Status." This resolution aims to nullify the rule, meaning it should not be enforced. The rule was officially published in the Federal Register on October 27, 2023, and the resolution passed the House of Representatives on January 12, 2024, before being received by the Senate on January 16, 2024.
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AnalysisAI
General Summary of the Bill
This legislative measure under discussion, known as H. J. RES. 98, is a joint congressional resolution that aims to express disapproval of a particular rule proposed by the National Labor Relations Board (NLRB). The specific rule in question deals with the criteria for determining when two or more businesses are considered "joint employers." The resolution clearly indicates that Congress does not support this rule and seeks to nullify its implementation, meaning that the rule should not be enforced or considered effective.
Summary of Significant Issues
There are a few notable issues highlighted in the documentation of the resolution. Firstly, the language stating "That Congress disapproves the rule" can be considered ambiguous. It lacks explicit detail regarding the steps following this disapproval, potentially leading to confusion about what actions are expected to follow this resolution. Secondly, the phrase "and such rule shall have no force or effect" might benefit from more clarity. Without additional context, those interpreting the resolution may find it challenging to fully grasp the legislative intent and its implications.
Impact on the Public Broadly
From a general public standpoint, the resolution might not directly impact day-to-day life, but it represents a significant aspect of labor relations and employment law. This decision by Congress to disapprove of the NLRB’s rule could preserve certain current labor practices concerning joint employer status. The public might perceive this act as a stabilization effort—a resistance to change that could have led to reevaluation of various employer-employee relationships across multiple industries.
Impact on Specific Stakeholders
The primary stakeholders likely to be affected by this resolution are businesses, employees, and labor organizations. For businesses, especially those operating through franchises or subcontracting, this disapproval means continuation under existing interpretations of joint employer status, potentially reducing administrative and legal burdens that a new ruling could have imposed. Employees, on the other hand, might view this Congressional disapproval as a negative, as stricter joint employer standards often offer workers additional protections and avenues for redress against unfair labor practices.
Labor organizations and advocates for workers' rights may see this resolution as a setback. They typically support broader definitions of joint employer status to hold more employers accountable for working conditions and workers’ rights. Hence, such groups might argue that this resolution curtails progress towards better labor protections.
In conclusion, while this resolution primarily impacts regulatory interpretations of employment law, its broader implications affect regulatory stability for businesses and potential worker rights for employees. The legislative language and its potential outcomes remain essential topics for discussion among stakeholders in labor relations.
Issues
The language 'That Congress disapproves the rule' could be clearer if it specified what action follows this disapproval, impacting the understanding of the bill's legal effect and causing potential confusion in its implementation. (Section without enum)
The phrase 'and such rule shall have no force or effect' could benefit from clarification or additional context to ensure understanding of the legislative intent, potentially affecting the enforceability and interpretation of the bill if passed. (Section without enum)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
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Summary AI
Congress does not agree with the rule made by the National Labor Relations Board about how to decide if companies are joint employers, and says this rule should not be used or followed.