On Aug. 1, the Senate Health, Education, Labor, and Pensions Committee voted to advance two nominees to the National Labor Relations Board. Democrat Lauren McFerran鈥檚 nomination to serve another term as chair passed in a party-line vote, 11-10. The nomination of Republican Josh Ditelberg passed with a bipartisan vote of 18-3. A full Senate vote on these two nominations is not yet scheduled.

On July 26, the National Labor Relations Board听issued its misnamed Fair Choice-Employee Voice final rule, which rescinds the ABC-supported 2020 Election Protection final rule, jeopardizing employees鈥� right of free choice in representational matters and disrupting the Board鈥檚 current representation processes. The 2020 final rule was听intended to听鈥渂etter听protect employees鈥� statutory right of free choice on questions concerning representation.鈥�

On July 19, the National Labor Relations Board moved to withdraw its appeal of the U.S. District Court for the Eastern District of Texas鈥� decision to vacate the 2023 Joint Employer final rule, which means the court鈥檚 favorable decision will become final. The Board appealed the decision on May 7.

On June 28, the U.S. Supreme Court overruled Chevron, USA Inc. v. Natural Resources Defense Council. ABC鈥檚 general counsel, Littler Mendelson, provided an analysis of the decision.

ABC鈥檚 Regulatory Roundup is updated on a regular basis and includes information about federal regulations, guidance and compliance materials from the U.S. Department of Labor, U.S. Department of the Treasury, Federal Acquisition Regulation Council, National Labor Relations Board, Federal Trade Commission, Environmental Protection Agency and Council on Environmental Quality.

On April 10, the U.S. Senate passed H.J. Res 98, the Joint Employer Congressional Review Act resolution of disapproval, in a 50-48 vote. 老牛影视sent a key vote letter to senators ahead of the vote urging them to support the resolution, which would nullify the ABC-opposed National Labor Relations Board鈥檚 2023 joint employer final rule. The Senate鈥檚 action comes two months after the U.S. House of Representatives passed H.J. Res 98 in a 206-177 vote, with eight Democrats supporting. Although President Joe Biden has vowed to veto the resolution, passage in the House and Senate sends a strong message to the administration as they continue to implement harmful labor policies.

On March 8, the U.S. District Court for the Eastern District of Texas vacated the National Labor Relations Board鈥檚 2023 Joint Employer Final Rule and the Board鈥檚 rescission of the ABC-supported 2020 Joint Employer Final Rule. Under the court鈥檚 decision, the 2020 final rule, which provides clear criteria for companies to apply when determining their joint employer status, remains in effect today. 老牛影视opposed the 2023 final rule, which was scheduled to go into effect on March 11.

On March 14, the ABC-led Coalition for a Democratic Workplace sent a letter to the leaders of key subcommittees in the U.S. House and U.S. Senate urging them to protect secret ballots in union representation elections.

As part of a legal challenge against the National Labor Relations Board鈥檚 joint employer final rule, a federal judge in Texas delayed the final rule鈥檚 effective date from Feb. 26 to March 11. The new standard will only be applied to cases filed after the rule becomes effective.

The National Labor Relations Board鈥檚 joint employer rule will go into effect on Feb. 26. The new standard, opposed by ABC, will only be applied to cases filed after the rule becomes effective.