U.S. District Court for the Eastern District of Texas

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U.S. Chamber Sues National Labor Relations Board Over New Rule Forcing Joint Employment Relationship

Case Updates

NLRB votes to delay the effective date of the Joint Employer Rule to February 26, 2024

November 16, 2023

Defendants' Notice Regarding Extension of Effective Date of Final Rule

U.S. Chamber moves for summary judgment in challenge to National Labor Relations Board joint employer rule

November 13, 2023

Motion for Summary Judgment

U.S. Chamber files coalition lawsuit challenging the National Labor Relations Board’s Joint Employer Rule as statutorily unauthorized and arbitrary and capricious

November 09, 2023

The Chamber and a coalition of business groups sued the National Labor Relations Board over its new joint employer rule. Joint employment is where two or more employers control the essential terms and conditions of employment for the same employees. The rule makes it easier for the NLRB to declare joint employment status exists in business relationships where it traditionally doesn’t, like franchising, contracting, and supply chains.

Why it matters: Many businesses will find themselves liable for workers they don’t employ at workplaces they don’t own or control.


    Our take: “The NLRB’s new joint employer rule is the latest in a string of actions to promote unionization at all costs, even when harmful to workers, employers, and our economy,” said Glenn Spencer, senior vice president of the Chamber’s Employment Policy Division. “The NLRB has been overturning numerous precedents at the behest of labor unions, so the Chamber is suing to rein in this out-of-control agency.”

    Pratik A. Shah, James E. Tysse, James C. Crowley, and Margaret O. Rusconi of Akin Gump Strauss Hauer & Feld LLP and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.

    Case Documents