S. 3215: Putting American Workers First Act

This bill, known as the "Putting American Workers First Act," aims to amend the National Labor Relations Act to include provisions regarding the employment of unauthorized aliens. Here are the key points of the bill:

1. Definition of Unauthorized Alien

The bill defines an "unauthorized alien" as a person who is not legally permitted to work in the United States, as outlined in existing immigration law.

2. Restrictions on Employment

The bill makes it an unfair labor practice for employers to:

• Employ or recruit unauthorized aliens: Employers cannot hire or recruit individuals who are classified as unauthorized aliens.

3. Restrictions on Labor Representation

Furthermore, it establishes that labor organizations cannot:

• Represent unauthorized aliens: Labor organizations and their agents are prohibited from representing unauthorized aliens in collective bargaining matters.

4. Good-Faith Efforts for Compliance

Importantly, the bill includes provisions that allow for some exceptions:

• Good-faith efforts for employment: If an employer can demonstrate that they made a good-faith effort to verify the employment eligibility of an individual using an authorized verification system, they may not be penalized for hiring an unauthorized alien.
• Good-faith efforts for representation: Similarly, labor organizations can represent individuals classified as unauthorized aliens if they have shown they made a good-faith effort to verify the individual's eligibility.

5. Discharge of Employees

The bill states that if an unauthorized alien employee is discharged from their job, this action will not be interpreted as discriminatory or as evidence of animosity from the employer regarding the employee's rights under labor laws.

6. Intent of the Bill

The primary intent of the bill is to ensure that American workers are prioritized in employment opportunities while establishing a framework for compliance regarding unauthorized aliens.

Relevant Companies

• CLR - Continental Resources Inc. may face impacts as it often hires seasonal and temporary workers, including those who may not have clear documentation.
• UL - Unilever may be impacted in its labor force management as it often operates in sectors with high demand for flexible labor, including positions that could involve unauthorized workers.