NRF Statement on NLRB’s withdrawal of Final Joint Employer Rule Appeal

The National Retail Federation today issued the following statement from Executive Vice President of Government Relations David French after the National Labor Relations Board (NLRB) withdrew its appeal of the U.S. District Court for the Eastern District of Texas’ decision to strike down the Board’s final joint employer rule. NRF and other major employment groups filed legal action against the NLRB after the final rule was released in October 2023.

“NRF is pleased that the NLRB has dropped its appeal of the District Court’s decision to nullify the Board’s joint employer final rule. The final rule created unnecessary ambiguity in this important area of federal labor law. Retail employers, and the millions of Americans they employ, are better off with the long-standing, workable rule that has been reinstated as the law of the land.”

NRF submitted a comment letter in December 2022 formally opposing the proposed rules and urging the Board to retain the existing, workable standard, and welcomed the House move to repeal it in early 2024. NRF also issued a statement expressing disappointment after President Biden vetoed the congressional resolution to repeal the final joint employer rule in May 2024.

As the leading authority and voice for retail, NRF will continue to advocate for workplace rules that promote workplace flexibility and economic growth.