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118th Congress Labor and Employment

H.J.Res. 98: Disapproval of National Labor Relations Board rule: Standard for Determining Joint Employer Status

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".

VetoedMay 3, 2024

  1. Introduced (completed)Nov 9, 2023
  2. Passed House (completed)Jan 12, 2024, 206–177
  3. Passed Senate (completed)Apr 10, 2024, 50–48
  4. To the President (completed)May 1, 2024
  5. Vetoed (completed)May 3, 2024
  6. Overridden (not reached)
  7. Became law (not reached)

Summary

Passed House, Jan 12, 2024

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 took effect on February 26, 2024.

Written by the Congressional Research Service, Library of Congress.

Key votes

House veto override, May 7, 2024

Passage, Objections of the President To The Contrary Notwithstanding

Failed 214–191

Yea 214two-thirds 270Nay 191

  • Democrats9 yea, 191 nay
  • Republicans204 yea, 0 nay
  • Independents1 yea, 0 nay

Broke with their party: Hillary Scholten (D-MI), Scott Peters (D-CA), Anna Eshoo (D-CA), Donald Davis (D-NC), J. Correa (D-CA), Henry Cuellar (D-TX), Jim Costa (D-CA), Ed Case (D-HI) and Ami Bera (D-CA) voted Yea

See how all 405 members voted

Showing 429 of 429 members

Yea 214

Republicans (204)

Democrats (9) broke with their party

Independents (1)

Nay 191

Democrats (191)

Not voting 24

Senate final vote, Apr 10, 2024

On the Joint Resolution

Passed 50–48

Yea 50majority 50Nay 48

  • Democrats0 yea, 46 nay
  • Republicans47 yea, 1 nay
  • Independents3 yea, 1 nay

Broke with their party: Kyrsten Sinema (I-AZ), Joe Manchin (I-WV) and Angus King (I-ME) voted Yea; Joshua Hawley (R-MO) voted Nay

See how all 98 members voted

Showing 100 of 100 members

Yea 50

Independents (3) broke with their party

Nay 48

Republicans (1) broke with their party

Independents (1)

Not voting 2

Republicans (1)

Democrats (1)

Roll calls

3 votes on this bill

Showing 3 of 3 roll calls

  • May 7, 2024HousePassage, Objections of the President To The Contrary NotwithstandingFinal passageVeto overrideFailed, yea-nay 214–191
    Roll call 185 tally by party
    PartyYeaNayPresentNot voting
    Democrats9191013
    Republicans2040011
    Independents1000
    Total214191024

    House roll call 185: Passage, Objections of the President To The Contrary Notwithstanding. Failed.

    9 crossed party lines: 9 Democrats

    How each member voted (429)
  • Apr 10, 2024SenateOn the Joint ResolutionFinal passagePassed, yea-nay 50–48
    Roll call 122 tally by party
    PartyYeaNayPresentNot voting
    Democrats04601
    Republicans47101
    Independents3100
    Total504802

    Senate roll call 122: On the Joint Resolution. Joint Resolution Passed.

    4 crossed party lines: 1 Republican, 3 Independents

    How each member voted (100)
  • Jan 12, 2024HouseOn PassagePassed, yea-nay 206–177
    Roll call 10 tally by party
    PartyYeaNayPresentNot voting
    Democrats8177028
    Republicans1970022
    Independents1000
    Total206177050

    House roll call 10: On Passage. Passed.

    8 crossed party lines: 8 Democrats

    How each member voted (433)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

68

Who scored on this bill

2,132 points earned
  1. 1John James R-MI SponsorReached a cosponsor milestone, introduced, reported, passed House, passed Senate, vetoed; 1 veto override vote8 events+118
  2. 2Ami Bera D-CA2 maverick votes; 1 veto override vote3 events+16
  3. 2Ed Case D-HI2 maverick votes; 1 veto override vote3 events+16
  4. 2J. Correa D-CA2 maverick votes; 1 veto override vote3 events+16
  5. 2Jim Costa D-CA2 maverick votes; 1 veto override vote3 events+16
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by John James

History

  1. May 3, 2024Vetoed by the President.
  2. May 1, 2024Presented to the President.
  3. Apr 10, 2024Passed the Senate, 50–48.
  4. Jan 12, 2024Passed the House, 206–177.
  5. Nov 9, 2023Introduced in the House by John James.
Show the full action history (35 actions)
  1. May 7, 2024The Chair laid before the House the veto message from the President. (text: 5/6/2024 CR H2840)
  2. May 7, 2024DEBATE - 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)
  3. May 7, 2024The previous question was ordered without objection.
  4. May 7, 2024POSTPONED 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.
  5. May 7, 2024The Chair announced the unfinished business to be the consideration of the veto. (consideration: CR H2908-2909)
  6. May 7, 2024Failed 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).
  7. May 7, 2024On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 214 - 191 (Roll no. 185).
  8. May 7, 2024Motion to refer the bill and accompanying veto message to the Committee on Education and the Workforce.
  9. May 7, 2024On motion to refer the bill and the accompanying veto message to the Committee on Education and the Workforce. Agreed to without objection.
  10. May 7, 2024The Chair directed the Clerk to notify the Senate of the action of the House.
  11. May 6, 2024The Chair laid before the House the veto message from the President.
  12. May 6, 2024The 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. May 6, 2024POSTPONED 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.
  14. May 3, 2024Vetoed by President.
  15. May 1, 2024Presented to President.
  16. Apr 15, 2024Message on Senate action sent to the House.
  17. Apr 10, 2024Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 122. (text: CR S2695)
  18. Apr 10, 2024Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 122. (text: CR S2695)
  19. Jan 16, 2024Received in the Senate.
  20. Jan 12, 2024Considered under the provisions of rule H. Res. 947. (consideration: CR H112-124)
  21. Jan 12, 2024Rule 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.
  22. Jan 12, 2024DEBATE - The House proceeded with one hour of debate on H.J. Res. 98.
  23. Jan 12, 2024The previous question was ordered pursuant to the rule.
  24. Jan 12, 2024POSTPONED 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.
  25. Jan 12, 2024Considered as unfinished business. (consideration: CR H124-125)
  26. Jan 12, 2024Passed/agreed to in House: On passage Passed by the Yeas and Nays: 206 - 177 (Roll no. 10). (text: CR H113)
  27. Jan 12, 2024On passage Passed by the Yeas and Nays: 206 - 177 (Roll no. 10). (text: CR H113)
  28. Jan 12, 2024Motion to reconsider laid on the table Agreed to without objection.
  29. Jan 9, 2024Rules 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.
  30. Jan 3, 2024Reported by the Committee on Education and the Workforce. H. Rept. 118-338.
  31. Jan 3, 2024Placed on the Union Calendar, Calendar No. 277.
  32. Dec 12, 2023Committee Consideration and Mark-up Session Held
  33. Dec 12, 2023Ordered to be Reported by the Yeas and Nays: 25 - 20.
  34. Nov 9, 2023Introduced in House
  35. Nov 9, 2023Referred to the House Committee on Education and the Workforce.