SEIU v. NLRB

  • U.S. Court of Appeals for the District of Columbia Circuit
  • Filed
  • Updated

Case Movement

Case Details

  • Case Status: Ongoing
  • Docket Number: 23-1309
  • Category: Labor Relations

Issue

The SEIU filed a lawsuit challenging the NLRB’s Joint Employer Rule, alleging that the NLRB did not go far enough when it defined “terms and conditions of employment” as only covering wages, benefits, hours, scheduling, work assignments, work rules, hiring and firing, work safety and supervision.

December 4, 2023

The Restaurant Law Center and other business groups filed a Motion to Intervene to prevent the SEIU from expanding the Joint Employer Rule, highlighting that the NLRB is already attempting to illegally replace a clear joint employer standard with an arbitrary and uncertain one.

February 1, 2024

The U.S. Court of Appeals granted the business groups motion to intervene.

August 12, 2024

A joint motion was filed asking the court to dismiss the DC Circuit case as moot. The DC Circuit stayed the case pending a decision from the Fifth Circuit in our related case. However, the appeal in the Fifth Circuit has since been withdrawn. Thus, once the DC Circuit grants the motion, all litigation pertaining to the now permanently vacated 2023 Joint Employer Rule will be complete.