Providing for Congressional Disapproval of the Rule Submitted By the National Labor Relations Board Relating to ``Standard for Determining Joint Employer Status''--veto Message From the President of the United States

Floor Speech

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Ms. McCOLLUM. Mr. Speaker, I rise to address my intended vote against H.J. Res. 98, a joint resolution providing for congressional disapproval of a rule submitted by the National Labor Relations Board relating to a ``Standard for Determining Joint Employer Status.''

In January, House Republicans brought forward a resolution to block a rule issued by the National Labor Relations Board (NLRB) to clarify the definition of who is considered a joint employer under federal law. I voted against the resolution in January because, not only would it have blocked the NLRB's rule, it would have prohibited the Biden administration and any future administrations from issuing similar rulemaking to clarify the definition of who is considered a joint employer. The resolution passed the House in January in a vote of 206- 177 and passed the Senate in April in a vote of 50-48. When the resolution was sent to President Biden's desk he vetoed the resolution. When the resolution to override the President's veto comes to the floor, I intend to vote no because I still believe we should not tie the hands of the National Labor Relations Board from ever taking up a similar attempt to clarify essential protections against labor rights violations in situations where multiple companies have control of a worker's conditions.

Let's also be clear about why House Republicans are bringing up this resolution and attempting to override the President's veto. They didn't do it because they're the party of workers' rights. They brought forth H.J. Res. 98 simply as another way to attack the Biden Administration and try to stop the federal government's regulatory and rulemaking authority.

Tuesday afternoon, shortly before the House floor vote on H.J. Res. 98, I met with a group of St. Paul area realtors to discuss several issues including the importance of protecting independent contractor status for real estate agents. Eighty-seven percent of realtors are classified as independent contractors. When the National Labor Relations Board and the Department of Labor are issuing rules relating to joint employers and independent contractors, the agencies must keep in mind the unique classification of realtors as independent contractors. That is why I am a cosponsor of H.R. 5419 which would amend the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)) to ensure that the status of realtors as independent contractors is protected.

The NLRB should work to issue regulations that address the concerns of independent contractors like realtors and protect the rights of working-class Americans whose working conditions are impacted by multiple employers. But it would be prohibited from ever doing that essential work if this veto override was passed, and so I will oppose this legislation.

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