Employee Rights Act

Enhanced Voting Procedures: The bill requires that employees selected for collective bargaining be chosen via a secret ballot in an election conducted by the Board (Section 2). This ensures a more direct and private voting process for workers.

Employee Privacy Protections: Employers must provide a voter list that includes the employee's name and one additional piece of contact information chosen by the employee (Section 4(a)). Furthermore, it becomes an unfair labor practice for a labor organization to fail to protect personal information or use it for reasons other than a representation proceeding (Section 4(b)).

Control Over Union Dues: Labor organization dues, fees, or contributions cannot be used for purposes not directly related to collective bargaining or contract administration unless the employee provides written authorization (Section 4(c)). This gives workers more control over how their money is spent.

Clarification of Independent Contractor Status: The bill provides specific criteria for determining if an individual is an independent contractor rather than an employee, noting that an individual is a contractor if the employer does not exercise significant control over work details and the individual has entrepreneurial risks (Section 5(a)).

Protection of Franchisor-Franchisee Relationships: It establishes that certain requirements, such as providing handbooks on sexual harassment or workplace violence, do not establish an employer-employee relationship between a franchisor and a franchisee (Section 5(c)).

Expanded Tribal Recognition: The bill extends the scope of the National Labor Relations Act to include Indian Tribes and enterprises operated by them on Indian lands (Section 6).

Protection from Harassment: Employers are permitted to take action to protect employees from discriminatory, harassing, or demeaning language or conduct, even during organizing campaigns or strikes (Section 10).

Restriction of Voting Rights: Employees who do not have lawful status under immigration laws are prohibited from voting in elections conducted by the Board or any secret ballot (Section 3(a)). They are also not considered employees for the purposes of certain petitions (Section 3(a)).

Restrictions on Union Membership Voting: Individuals without lawful status who are members of a labor organization are not entitled to vote in elections conducted by that organization (Section 3(c)).

Impact on Joint Employer Status: The bill narrows the definition of a joint employer, requiring that each employer directly, actually, and immediately exercises significant control over essential terms of employment to be considered a joint employer (Section 5(b)).

Restrictions on Collective Bargaining Agreements: Provisions in a collective bargaining agreement that mandate or promote diversity, equity, or inclusion initiatives based on personal characteristics not related to job qualifications are prohibited unless required by law (Section 8).

Legal Penalties for Labor Disruptions: Under the Freedom From Union Violence Act, anyone who obstructs commerce through robbery or extortion in furtherance of a plan can face fines of up to $100,000 and up to 20 years in prison (Section 9).