H.R. 4154: Employee Rights Act

This bill, known as the Employee Rights Act, aims to amend various labor laws in the United States, particularly focusing on employee rights and union operations. Below is a summary of the main provisions included in the bill:

Enhanced Employee Rights

The bill proposes changes to how collective bargaining is conducted. Specifically, it seeks to require that employees be selected for collective bargaining through a secret ballot election conducted by the National Labor Relations Board (NLRB), rather than through other means. This change is intended to ensure transparency and employee choice in union representation.

Voting Eligibility for Employees Without Legal Status

The bill stipulates that employees who do not have lawful status under immigration laws will be prohibited from voting in union elections and will not be considered employees for certain labor actions like petitions for union representation.

Employee Privacy and Information Use

Employers will be required to provide labor organizations with a voter list that includes employee names and one additional form of personal contact information after the NLRB directs an election. This information must be provided in an electronic format. Additionally, there are stipulations protecting employees' personal information from being used inappropriately by labor organizations.

Limiting Use of Dues for Nonrepresentational Activities

The bill includes provisions stating that employee dues collected by labor organizations cannot be used for activities that do not directly relate to collective bargaining or contract administration unless the employee explicitly authorizes such use.

Defining Employment Relationships

The Employee Rights Act seeks to redefine criteria for determining employment status. It emphasizes that individuals can be classified as independent contractors rather than employees if they are not significantly controlled in how they perform their work and if they take on the risks and opportunities associated with entrepreneurship.

Clarification on Joint Employer Status

The bill clarifies that an employer can only be considered a joint employer of another's employees if they exercise direct, significant, and actual control over employment terms and conditions. This aims to limit the scope of what constitutes joint employer liability.

Regional Considerations and Independent Negotiations

In states that prohibit mandatory union membership or fees, employees who cease to be union members can independently negotiate their employment terms without interference from the union. The bill defines this process as "independent negotiating."

Diversity, Equity, or Inclusion Provisions

The bill prohibits labor agreements from mandating diversity, equity, or inclusion initiatives unless required by law, stating that such initiatives should not influence job qualifications or performance criteria.

Harassment and Violence Provisions

The Employee Rights Act introduces provisions concerning harassment, allowing employers to take action to protect employees from discriminatory or harassing behavior. It also addresses union violence, establishing penalties for obstructing commerce through threats or violence during labor disputes while exempting minor incidents that are incidental to peaceful picketing.

Protection of Tribal Sovereignty

The bill amends labor laws to acknowledge the sovereignty of Indian tribes in the context of labor relations, ensuring their rights and protections are respected under U.S. labor laws.

Employer Protections in Franchise Relationships

The legislation includes protections for franchisors from being classified as employers of franchisee employees under certain conditions, focusing on maintaining the independence of the franchise business model.

Employment Classification and Unlawful Harassment Provisions

It incorporates amendments that aim to protect employees from on-the-job harassment, particularly emphasizing the right of employers to intervene when discriminatory or demeaning conduct occurs during organizing campaigns or strikes.

Relevant Companies

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