May 09, 2024

Manchin Questions Acting Labor Secretary On NLRB Joint Employer Rule, DOL Schedule A Occupation List

Washington, DC – Today, U.S. Senator Joe Manchin (D-WV), member of the Senate Appropriations Committee, questioned Julie Su, Acting Secretary of the U.S. Department of Labor (DOL), on the National Labor Relations Board’s (NLRB) joint employer final rule and DOL’s outdated Schedule A occupation list.

On the NLRB’s joint employer final rule:

“Recently, the President vetoed a bipartisan Congressional Review Act resolution overturning the National Labor Relations Board’s joint employer rule, which puts the franchise model at risk. Small businesses are the heart of our economy and communities, especially in my state of West Virginia where 98% of our businesses are small businesses. One out of every three franchise owners say they wouldn't own a small business without the franchise business model,” Senator Manchin said in part. “A federal judge has currently blocked this rule from taking effect but I’m concerned what will happen if it does take effect. As there continues to be bipartisan concern with this rule, what does your Department plan to do to curb the job and economic losses if this goes into effect?”

A timeline of Senator Manchin’s work to oppose the NLRB’s joint employer final rule is available here.

On the Department’s outdated Schedule A occupation list:

“The Department of Labor’s Schedule A occupation list was designed to address workforce shortages by streamlining the process of hiring vetted international workers in high demand industries like science, technology, engineering, math and healthcare. Schedule A is an important tool that exempts workers and understaffed industries from bureaucratic visa hurdles and backlogs. Despite having the authority to revise the Schedule A list, the Department has not updated it to include more than two specific occupations, professional nurses and physical therapists, since 2005,” Senator Manchin continued. “What is the Department’s timeline to provide an updated Schedule A list?”

In December, Senator Manchin wrote a letter to Acting Secretary Su on the importance of the Department updating its Schedule A list.

A video of Senator Manchin’s questioning is available here.