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B-335701 Nov 09, 2023 1 (2023-11-09)

handle is hein.gao/gaopjr0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-335701 November 9, 2023 The Honorable Bernard Sanders Chairman The Honorable Bill Cassidy Ranking Member Committee on Health, Education, Labor, and Pensions United States Senate The Honorable Virginia Foxx Chairwoman The Honorable Bobby Scott Ranking Member Committee on Education and the Workforce House of Representatives Subject: National Labor Relations Board: Standard for Determining Joint Employer Status Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the National Labor Relations Board (NLRB) titled Standard for Determining Joint Employer Status (RIN: 3142-AA21). We received the rule on October 27, 2023. It was published in the Federal Register as a final rule on October 27, 2023. 88 Fed. Reg. 73946. The stated effective date is December 26, 2023. According to NLRB, it has decided to issue this final rule for the purpose of carrying out the National Labor Relations Act (NLRA or Act) by rescinding and replacing the final rule titled Joint Employer Status Under the National Labor Relations Act, which was published on February 26, 2020, and took effect on April 27, 2020. NLRA, ch. 372, 49 Stat. 449 (July 5, 1935); 85 Fed. Reg. 11184 (Feb. 26, 2020). NLRB stated that the final rule establishes a new standard for determining whether two employers, as defined in the Act, are joint employers of particular employees within the meaning of the Act. NLRB also stated that it believes that this rule will more explicitly ground the joint-employer standard in established common-law agency principles and provide guidance to parties covered by the Act regarding their rights and responsibilities when more than one statutory employer possesses the authority to control or exercises the power to control particular employees' essential terms and conditions of employment. NLRB stated further that under the final 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 Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The final rule was published in the Federal Register on October 27, 2023. 88 Fed. Reg. 73946. The House of Representatives received the rule on October 27, 2023. 169 Cong. Rec. H5179 (daily ed. Oct. 30, 2023). The Senate received the

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