Punching In: House GOP Pushes—Again—on Defining a Joint Employer

Monday morning musings for workplace watchers

Joint Employer: Episode II | USCIS Looks for Armed Enforcement

Ian Kullgren: The House is expected to vote this week on a bill that would protect certain businesses from joint liability for labor violations committed by franchisees and contractors.

The Save Local Business Act (H.R. 4366), a cornerstone of the joint employer fight, is no spring chicken. It was first introduced nearly a decade ago, when Anthony Scaramucci (remember him?) was nearing the end of his nine-day stint as President Donald Trump’s communications director.

The legislation would heighten the standard for joint employment under the National Labor Relations Act and the Fair Labor Standards Act so that a business can only be considered a joint employer if it oversees hiring, firing, pay rate, supervising, and other “significant” matters. Proponents say the changes would protect small business owners, but opponents say they would protect large chains like McDonald’s from scrutiny.

The legislation was passed by the Republican-controlled House in November 2017, and it has a good chance of passing again this time.

The real test, however, will be in the Senate. Former Rep. Bradley Byrne (R-Ala.), the sponsor of the 2017 bill, told me it hit a brick wall in the upper chamber despite getting several Democratic votes in the House. Not a single Democratic senator would even sit down with him, he said.

“They just said ‘no, we’re not going to support that,’” Byrne recalled. “As long as that’s the case, you’re not going to be able to get it through the Senate.”

The House may also vote on:

• The Flexibility for Workers Education Act (H.R. 2262), which would loosen the FLSA’s definition of “hourly work” for certain activities focused on learning and skills training.
  
• The Tipped Employee Protection Act (H.R. 2312), which would adjust the standards governing who is a tipped employee and the type for work they can perform.
  
• The Empowering Employer Child and Elder Care Solutions Act (H.R. 2270), which would exclude child care payments and subsidized services from the rate used to calculate overtime.
  
• The Protecting Prudent Investment of Retirement Savings Act (H.R. 2988), which would limit the use of ESG in retirement investments.

The top competitive House races for 2026.

Photographer: Stefan Zaklin/Getty Images

Andrew Kreighbaum: US Citizenship and Immigration Services, which processes green cards and work permits, is taking another step in its makeover into an enforcement agency.

The agency this month posted job openings on a federal hiring website for criminal investigator training positions, carrying out plans announced last fall to add armed law enforcement officers. USCIS Director Joseph Edlow said at the time that the move was necessary because Immigration and Customs Enforcement doesn’t have the ability to follow up on every lead it refers for criminal investigation.

The postings though have raised eyebrows as ICE faces protests and pushback from Democrats after the fatal shooting of a Minneapolis resident, Renee Nicole Good, and another shooting by an agent in Portland who wounded two people. USCIS is pursuing its own operation in Minnesota reviewing potential fraud in the state—the kind of issue identified as a focus of the new agents last year.

Shev Dalal-Dheini, director of government relations at the American Immigration Lawyers Association, said it’s “absolutely” concerning that USCIS is planning to add its own armed officers who may not have expertise in immigration law. Criminal immigration investigations are also a departure from the agency’s statutory mission, she said.

“It’s really problematic,” Dalal-Dheini said.

Applicants for the openings may be asked to pass a physical fitness test—which many ICE recruits struggled to clear amid a hiring surge at that agency—and must complete about 21 weeks of training for the positions if hired. They also must be at least 21 and under 37 years old.

No experience in immigration law is specified in requirements for the positions. USCIS criminal investigators “may use deadly force when necessary,” according to the postings.

We’re punching out. Daily Labor Report subscribers please check in for updates during the week, and feel free to reach out to us.