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H.J.Res.98 / 118th Congress

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".

The Chair directed the Clerk to notify the Senate of the action of the House.

Official summary

Version 00 · Introduced in House · Nov 9, 2023

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.

The rule is currently scheduled to take effect on February 26, 2024.

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Who introduced it

Rep. James, John [R-MI-10] · R–MI

Committees

  • Education and Workforce Committee
68 cosponsorship records, including any withdrawals

Actions

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  1. The Chair directed the Clerk to notify the Senate of the action of the House.

  2. On motion to refer the bill and the accompanying veto message to the Committee on Education and the Workforce. Agreed to without objection.

  3. Motion to refer the bill and accompanying veto message to the Committee on Education and the Workforce.

  4. 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).

    House roll call 185 · Individual votes
  5. 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).

    House roll call 185 · Individual votes
  6. The Chair announced the unfinished business to be the consideration of the veto. (consideration: CR H2908-2909)

  7. POSTPONED 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.

  8. The previous question was ordered without objection.

  9. DEBATE - 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)

  10. The Chair laid before the House the veto message from the President. (text: 5/6/2024 CR H2840)

  11. POSTPONED 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.

  12. The 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).

  13. The Chair laid before the House the veto message from the President.

  14. Vetoed by President.

  15. Vetoed by President.

  16. Presented to President.

  17. Presented to President.

  18. Message on Senate action sent to the House.

  19. Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 122. (text: CR S2695)

    Senate roll call 122 · Individual votes
  20. Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 122. (text: CR S2695)

    Senate roll call 122 · Individual votes
  21. Received in the Senate.

  22. Motion to reconsider laid on the table Agreed to without objection.

  23. On passage Passed by the Yeas and Nays: 206 - 177 (Roll no. 10). (text: CR H113)

    House roll call 10 · Individual votes
  24. Passed/agreed to in House: On passage Passed by the Yeas and Nays: 206 - 177 (Roll no. 10). (text: CR H113)

    House roll call 10 · Individual votes
  25. Considered as unfinished business. (consideration: CR H124-125)

  26. POSTPONED 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.

  27. The previous question was ordered pursuant to the rule.

  28. DEBATE - The House proceeded with one hour of debate on H.J. Res. 98.

  29. 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.

  30. Considered under the provisions of rule H. Res. 947. (consideration: CR H112-124)

  31. Rules 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.

  32. Placed on the Union Calendar, Calendar No. 277.

  33. Reported by the Committee on Education and the Workforce. H. Rept. 118-338.

  34. Reported by the Committee on Education and the Workforce. H. Rept. 118-338.

  35. Ordered to be Reported by the Yeas and Nays: 25 - 20.

  36. Committee Consideration and Mark-up Session Held

  37. Referred to the House Committee on Education and the Workforce.

  38. Introduced in House

  39. Introduced in House

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