Employee Rights Act
This bill generally addresses employer obligations related to unionized workplaces.
This bill provides that an employer may be considered a joint employer in relation to an employee under federal labor law only if such employer directly, actually, and immediately (and not in a limited and routine manner) exercises significant control over the essential terms and conditions of employment. Such control may by demonstrated by hiring and discharging employees, determining individual employee rates of pay and benefits, day-to-day supervision of employees, assigning individual work schedules, positions, and tasks, and administering employee discipline.
The bill also requires a workplace election to approve or reject a union to be conducted by secret ballot. Further, the bill requires an employer to provide limited employee information to union representatives to facilitate a workplace election. An employer that mishandles or fails to provide such information according to the bill's requirements may be liable for an unfair labor practice (i.e., labor law violation).
Additionally, the bill requires an employee to authorize in writing any use of the employee's labor organization dues or other contribution for a purpose other than collective bargaining or contract administration. Such authorization must be made upon 35 days' notice and expires after one year.
Finally, the bill exempts Indian Tribes, including Indian Tribe enterprises and institutions, from the collective bargaining rights and related provisions of federal labor law.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1201 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1201
To reform the labor laws of the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Scott of South Carolina (for himself, Mr. Cramer, Mr. Cassidy, Ms.
Lummis, Mr. Braun, Mr. Johnson, Mr. Thune, Mrs. Hyde-Smith, Mr.
Hagerty, Mr. Budd, Mr. Tuberville, Mr. Crapo, Mr. Risch, Mr. Lee, Mr.
Barrasso, and Mr. Cornyn) introduced the following bill; which was read
twice and referred to the Committee on Health, Education, Labor, and
Pensions
_______________________________________________________________________
A BILL
To reform the labor laws of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Rights Act''.
SEC. 2. ENHANCED EMPLOYEE RIGHTS.
Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a))
is amended by striking ``designated or selected for the purposes of
collective bargaining'' and inserting ``for the purposes of collective
bargaining selected by secret ballot, in an election conducted by the
Board,''.
SEC. 3. EMPLOYEE PRIVACY.
(a) Notice of Rights and Protections; Voter Registration Lists.--
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(h)(1) Whenever the Board directs an election under section 9(c)
or approves an election agreement, the employer of employees in the
bargaining unit shall, not later than two business days after the Board
directs such election or approves such election agreement, provide a
voter list to a labor organization that has petitioned to represent
such employees. Such voter list shall include the names of all
employees in the bargaining unit and not more than one additional form
of personal contact information for the employee (such as a telephone
number, an email address, or a mailing address) chosen by the employee
in writing. The voter list shall be provided in a searchable electronic
format generally approved by the Board unless the employer certifies
that the employer does not possess the capacity to produce the list in
the required form. Not later than nine months after the date of
enactment of the Employee Rights Act, the Board shall promulgate
regulations implementing the requirements of this paragraph.
``(2) It shall be an unfair labor practice for an employer to
violate any requirement under paragraph (1).''.
(b) Labor Organization Use of Personal Information.--Section 8(b)
of the National Labor Relations Act (29 U.S.C. 158(b)) is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking ``8(b).'' and inserting
``8(b); and''; and
(3) by adding at the end the following:
``(8) to fail to protect the personal information of an
employee received for an organizing drive, to use such
information for any reason other than a representation
proceeding, or to use such information after the conclusion of
a representation proceeding.''.
(c) Right Not To Subsidize Labor Organization Nonrepresentational
Activities.--Title I of the Labor-Management Reporting and Disclosure
Act of 1959 (29 U.S.C. 411 et seq.) is amended by adding at the end the
following:
``SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZATION
NONREPRESENTATIONAL ACTIVITIES.
``No employee's labor organization dues, fees, assessments, or
other contributions shall be used or contributed to any person,
organization, or entity for any purpose not directly related to the
labor organization's collective bargaining or contract administration
functions on behalf of the represented unit employee unless the
employee member, or nonmember required to make such payments as a
condition of employment, authorizes such expenditure in writing, after
a notice period of not less than 35 days. An initial authorization
provided by an employee under the preceding sentence shall expire not
later than 1 year after the date on which such authorization is signed
by the employee. There shall be no automatic renewal of an
authorization under this section.''.
SEC. 4. EMPLOYMENT RELATIONSHIPS.
(a) Amendments to the Fair Labor Standards Act of 1938 To Harmonize
the Definition of Employee.--
(1) Definition of employee.--Section 3(e)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(e)(1)) is amended by
inserting before the period the following: ``, as determined
under the usual common law rules''.
(2) Definition of employ.--Section 3(g) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(g)) is amended by
inserting ``an employee'' after ``permit''.
(b) Clarification of Joint Employment.--
(1) National labor relations act.--Section 2(2) of the
National Labor Relations Act (29 U.S.C. 152(2)) is amended--
(A) by striking ``The term `employer''' and
inserting ``(A) The term `employer'''; and
(B) by adding at the end the following:
``(B) An employer may be considered a joint
employer of the employees of another employer only if
each employer directly, actually, and immediately, and
not in a limited and routine manner, exercises
significant control over the essential terms and
conditions of employment of the employees of the other
employer, such as hiring such employees, discharging
such employees, determining the rate of pay and
benefits of such employees, supervising such employees
on a day-to-day basis, assigning such employees a work
schedule, position, or task, or disciplining such
employees.''.
(2) Fair labor standards act of 1938.--Section 3(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is
amended--
(A) by striking ```Employer' includes'' and
inserting ``(1) `Employer' includes''; and
(B) by adding at the end the following:
``(2) An employer may be considered a joint employer of the
employees of another employer for purposes of this Act only if
each employer meets the criteria set forth in section 2(2)(B)
of the National Labor Relations Act (29 U.S.C. 152(2)(B))
except that, for purposes of determining joint-employer status
under this Act, the terms `employee' and `employer' referenced
in such section shall have the meanings given such terms in
this section.''.
(c) Provision of Technical Assistance.--Notwithstanding any other
provision of law, under the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.),
or any other Federal law, none of the following may be construed, alone
or in combination with any other factor, as establishing an employer
and employee relationship between a franchisor (or any employee of the
franchisor) and a franchisee (or any employee of the franchisee):
(1) The franchisor (or any employee of the franchisor)
provides the franchisee (or any employee of the franchisee)
with, or requires such franchisee (or any employee of the
franchisee) to use, a handbook, or other training, on sexual
harassment, human trafficking, workplace violence,
discrimination, or opportunities for apprenticeships or
scholarships.
(2) The franchisor (or any employee of the franchisor)
requires the franchisee (or any employee of the franchisee) to
adopt a policy on sexual harassment, human trafficking,
workplace violence, discrimination, opportunities for
apprenticeships or scholarships, child care, or paid leave,
including a requirement for such franchisee (or any employee of
the franchisee) to report to the franchisor (or any employee of
the franchisor) any violations or suspected violations of such
policy.
SEC. 5. TRIBAL SOVEREIGNTY.
Section 2 of the National Labor Relations Act (29 U.S.C. 152), as
amended by section 4(b)(1), is further amended--
(1) in paragraph (2)(A), by inserting ``or any Indian
Tribe, or any enterprise or institution owned and operated by
an Indian Tribe and located on its Indian lands,'' after
``subdivision thereof,''; and
(2) by adding at the end the following:
``(15) The term `Indian Tribe' means any Indian Tribe,
band, nation, pueblo, or other organized group or community
which is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``(16) The term `Indian' means any individual who is a
member of an Indian Tribe.
``(17) The term `Indian lands' means--
``(A) all lands within the limits of any Indian
reservation;
``(B) any lands title to which is either held in
trust by the United States for the benefit of any
Indian Tribe or Indian or held by any Indian Tribe or
Indian subject to restriction by the United States
against alienation; and
``(C) any lands in the State of Oklahoma that are
within the boundaries of a former reservation (as
defined by the Secretary of the Interior) of a
federally recognized Indian Tribe.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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