Providing for Congressional Disapproval Under the Rule Submitted By the National Labor Relations Board Relating to ``Standard for Determining Joint Employer Status''

Floor Speech

Date: Jan. 12, 2024
Location: Washington, DC

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Mr. WALBERG. Madam Speaker, I thank the gentlewoman for yielding.

Madam Speaker, I strongly support H.J. Res. 98 to overturn the Biden administration's joint employer rule which would directly harm employees across this Nation--employees who can become and do become entrepreneurs, franchise owners, and small businesspeople because of their opportunity.

This misguided joint employer rule is a classic case of solving a problem that doesn't exist, and, in the process, it creates unnecessary barriers to success.

Madam Speaker, we have been here before. In 2015, the Obama NLRB implemented the Browning-Ferris decision--I remember it well--which rewrote the joint employment standard with disastrous results. To say otherwise denies the truth.

It raised franchise operational costs by $33 billion and caused 376,000 job losses. It increased NLRB unfair labor practice charges by 93 percent, imposing significant litigation costs on businesses, both large and small.

Despite the historical evidence that expanding the definition of joint employment harms economic growth and job creation, the Biden NLRB has decided to finalize a substantially similar rule anyway.

Michigan is home to over 23,000 franchise locations, employing approximately 248,000 people. However, as a result of this new regulatory burden, workers and small businesses in Michigan and across the country are at risk of losing jobs and opportunities to pursue their own American Dream.

Madam Speaker, I urge my colleagues to pass H.J. Res. 98 so we can return to a commonsense standard that workers and local employers have relied on for decades and promote success.

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