Contact: Rebecca Wolf
Director of Marketing & Communications
(717) 653-8106 or rebecca@abckeystone.org
FOR IMMEDIATE RELEASE – July 19, 2024
In a Victory for ABC, NLRB Withdraws Appeal in Joint Employer Case
WASHINGTON, July 19—Today, the National Labor Relations Board moved to withdraw its appeal of the U.S. District Court for the Eastern District of Texas’ decision to vacate the 2023 Joint Employer final rule, which means the court’s favorable decision will become final. The Board had appealed the decision on May 7.
On March 8, the district court vacated the 2023 final rule. Under the court’s decision, the ABC-supported 2020 Joint Employer Final Rule, which provides clear criteria for companies to apply when determining their joint employer status, remains in effect today.
“We are pleased the Board decided to withdraw its appeal of the court’s decision and that the court’s ruling to block the NLRB’s radical and overbroad joint employer standard is now final,” said Ben Brubeck, ABC vice president of regulatory, labor and state affairs. “The 2023 final rule would have disrupted long-established, efficient operational processes that are followed by construction service providers who work together to build America. And it clearly would have had a harmful effect on a significant segment of the construction industry: small businesses.”
“Because the ABC-supported 2020 final rule remains in effect, contractors will be better able to work and coordinate with multiple employers without fear of being unexpectedly and unfairly found to be joint employers,” said Brubeck.
On Nov. 9, 2023, ABC joined the U.S. Chamber of Commerce and a coalition of business groups in filing a lawsuit challenging the NLRBs final rule for violating the National Labor Relations Act and for acting arbitrarily and capriciously in violation of the Administrative Procedure Act.
Associated Builders and Contractors is a national construction industry trade association established in 1950 that represents more than 23,000 members. Founded on the merit shop philosophy, ABC and its 67 chapters help members develop people, win work and deliver that work safely, ethically and profitably for the betterment of the communities in which ABC and its members work. Visit us at abckeystone.org.
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The Keystone Chapter of Associated Builders & Contractors (ABC) is a construction trade association based in Manheim, Pennsylvania, representing over 650 construction-related firms and nearly 30,000 employees. Founded on the merit shop philosophy, ABC and its 68 chapters nationwide help members win work and deliver that work safely, ethically, and profitably for the betterment of the communities in which they work.
