NLRB Continues to Stand By Flawed, Damaging Joint Employer Rule Despite Bipartisan Opposition in Congress and Court Nullification

On May 7, 2024, the NLRB appealed the decision by the US District Court for the Eastern District of Texas nullifying the Board’s joint employer final rule to the 5th Circuit.

The following statement can be attributed to CDW Chair Kristen Swearingen:

“CDW is unsurprised but disappointed that the Board is not recognizing the writing on the wall. This rulemaking is unlawful, arbitrary, and capricious. It constituted a massive expansion of the joint employer standard that would violate the NLRA and the common law, and it would create immense confusion throughout the economy.

“That is why Congress on a bipartisan basis opposed the rule and sent a resolution to President Biden’s desk to invalidate the rule and prevent the Board from ever issuing a substantially similar rule in the future. That’s also why the District Court nullified the rule in March.

“The Board should stop trying to defend this unlawful rule.”