S. 3128: Worker Privacy Act

This bill, known as the Worker Privacy Act, aims to amend the National Labor Relations Act to enhance the privacy of workers' personal information during labor representation processes. The key provisions and effects of the bill are outlined below:

1. Worker Privacy Enhancements

The bill introduces specific requirements regarding the handling of personal information for employees involved in labor representation. It stipulates that employers must provide a voter list to labor organizations representing employees in a bargaining unit:

• The voter list must include names of all employees and one additional form of personal contact information (such as a phone number, email, or mailing address) chosen by the employee.
• This list must be provided within two business days after the National Labor Relations Board (NLRB) directs an election or approves an election agreement.
• The information must be supplied in a searchable electronic format, unless the employer cannot produce it in that form.

2. Regulations and Implementation

The NLRB is required to establish regulations to implement these privacy protections within nine months after the bill's enactment. This includes oversight on how the voter lists are compiled and the privacy of the extra contact information provided by employees.

3. Unfair Labor Practices

The bill expands the scope of what constitutes an unfair labor practice by including violations of the new requirements concerning the provision of personal information:

• Employers can face penalties if they fail to comply with the regulations set forth in the bill regarding employee privacy.

4. Restrictions on Labor Organizations

The bill places additional obligations on labor organizations regarding the use of the personal information they receive:

• Labor organizations are prohibited from selling or using the information for political activities.
• The information provided by employers can only be used for representation proceedings and must be discarded after such proceedings end.
• However, labor organizations may still collect and use personal information that employees voluntarily provide.

5. Overall Impact

The Worker Privacy Act aims to strengthen the privacy rights of employees during labor negotiations and representation, ensuring that their personal information is safeguarded against misuse by both employers and labor organizations. By outlining specific actions that both employers and labor organizations must take, the bill seeks to clarify responsibilities and enhance worker rights within the labor relations framework.

Relevant Companies

None found.