Key Vote Alert: Support H.J. Res 98 to Overturn the NLRB New Joint Employer Rule

Jan 10, 2024 by AFP

Dear Members of Congress,

On behalf of millions of Americans for Prosperity activists in all 50 states, I urge you to support H.J. Res. 98 – 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” (Sponsored by Rep. James / Education and the Workforce Committee).

This new rule will allow the NLRB to impose joint employer status on businesses based merely on subjective judgment by the NLRB that those businesses possess reserved (unused) and/or indirect control of employees working for other businesses. Small business entrepreneurs whose businesses serve as vendors and contractors to other businesses, or who use a franchise model to open up independent enterprises, would lose their independence, instead having to share control of their business, and workers, in ways that neither they nor other businesses they work with desire.

As a result of this misguided rule, many businesses could be forced to close, and small business owners could lose their independence to larger entities, converting essentially to co-managers instead of owners. Furthermore, businesses will be subjected to more unwarranted lawsuits and regulatory penalties as they try to comply with new requirements, and union leaders will be aided in union organizing campaigns. Shifting joint employer standards will impact millions of businesses and workers. There are over 750,000 franchise businesses such as restaurants, health care providers, hotels, hair salons, gas stations, tax companies, real estate agencies, auto shops, and fitness centers that employ over 8 million workers in the United States.

American for Prosperity believes supporting a flexible workforce is necessary to ensure every American has the opportunity to succeed and we must protect the mutually beneficial relationships between businesses that are under fire in this new Biden NLRB rule.

It is for these reason we ask you to support the CRA resolution to overturn the National Labor Relations Board’s (NLRB) new joint employer rule. This vote will be recorded in our legislative scorecard.

Visit AFP’s scorecard online at:


Brent Gardner
Chief Government Affairs Officer
Americans for Prosperity