On April 10th, the U.S. Senate passed a bipartisan Congressional Review Act (CRA) resolution [H.J. Res 98], by a vote of 50-48 to nullify the NLRB’s joint employer final rule. CIRT had joined a large coalition that submitted comments urging rejection of the draft version of the rulemaking to no avail, leaving the Congressional path as a means to address the concerns. [See, CIRT Regulatory News story on January 11, 2024, for more details].

 The resolution passed the House in January, where it also enjoyed bipartisan support. It is now headed to President Biden’s desk for his signature. Unfortunately, the administration announced that the president intends to veto the resolution, which President Biden has 10 days (excluding Sundays) to do. If the CRA is vetoed, Congress would need a two-thirds majority in both houses of Congress to override the veto. If signed into law, or a veto is overridden, the NLRB’s final rule would be nullified, and the Board would be prevented from issuing any substantially similar rule in the future.