Please Urge President Biden to Support H.J.Res.98 and Restore Clarity and Consistency to the Workplace

President Biden has the opportunity to preserve workplace flexibility and predictability by supporting the Congressional Review Act (CRA) resolution, H.J.Res.98, which would effectively overturn the National Labor Relations Board's (NLRB) 2023 final rule on joint employer status.

SHRM urges you to send a letter to the President to support this resolution and restore clarity and consistency to the workplace.

The NLRB’s 2023 final rule has raised significant concerns and garnered opposition from various stakeholders due to its lack of clarity and consistency in determining when two or more share responsibility for a worker. Specifically, the rule's broad definition of "joint employer" based on "indirect or reserved" control over a third party is problematic for many organizations using various work arrangements to meet their needs and stay competitive.

Through bipartisan efforts, Congress expressed its opposition to the NLRB’s 2023 final rule by advancing H.J.Res.98, reflecting the voice and will of the majority of stakeholders across the country. The resolution of disapproval was sent to the President this week, who has indicated that he will veto the measure. Should the President veto the CRA, this will effectively limit the options organizations will have to fulfill their needs with third parties, which in turn will limit opportunities for businesses and contractors.

SHRM remains committed to advocating for workplace policies and laws that aim to clarify the standard for joint employment status under the National Labor Relations Act. This is essential for providing greater predictability to HR professionals and business leaders involved in contractor or service relationships, reducing litigation, and fostering innovation in the workplace and broader economy. 

Civility is essential for effective governance. SHRM remains steadfast in our commitment to advancing sensible public policies through our steadfast commitment to Policy, Not Politics.

Read SHRM's official statement in support of the CRA to repeal the NLRB's Joint Employer Final Rule.