On October 26, 2023, the National Labor Relations Board (NLRB) issued the final joint employer rule that broadens the NLRB's definition of “employer” and could potentially increase liability and exposure for long term care centers if they utilize staffing agency or contract workers. On November 9, 2023, the U.S. Chamber and a coalition of business groups filed a lawsuit challenging the NLRB’s joint employer rule as “statutorily unauthorized and arbitrary and capricious.” On March 8, the U.S. District Court for the Eastern District of Texas vacated the NLRB’s joint employer rule that was going to be implemented on March 11. More details on the case can be found on the U.S. Chamber’s website.
AHCA/NCAL applauds the Court’s decision. In February 2024, AHCA/NCAL joined a coalition letter urging legislators to support a Congressional Review Act resolution to nullify the rule.