Employee Rights Act

This bill makes several changes to U.S. labor laws. It requires secret‑ballot elections run by the Board to choose a union. It also says only workers who have lawful immigration status can vote in union elections, whether held by the Board or by a union. It limits voter lists to each worker’s name and one contact method the worker chooses, and it restricts unions to using that contact info only for the representation case. Unions may not spend a worker’s dues or fees on activities not tied to bargaining or contract administration unless the worker gives written consent, which expires after a year.

It also clarifies who is an employee, an independent contractor, or a joint employer. A worker is an independent contractor if the hiring party doesn’t control how the work is done and the worker has real chances to act like a business owner; things like safety rules, insurance requirements, or deadlines can’t be used to say someone is an employee. Two companies count as joint employers only if each directly and immediately controls key job terms. Franchisors can give or require training and policies on harassment, safety, trafficking, child care, or paid leave without being treated as the employer of a franchisee’s workers. The bill defines terms for Indian Tribes and Indian lands. In states that ban agreements requiring union membership or payments, employees who stop being members or paying may negotiate directly with their employer, and unions may not represent or interfere with them. It forbids union contracts from mandating DEI programs based on personal traits unless required by law. It updates federal criminal law to address robbery, extortion, or violence tied to labor disputes, with exceptions for minor, incidental conduct during peaceful picketing, and sets fines and prison terms. It also makes clear employers can act to protect employees from discriminatory, harassing, or demeaning conduct, even during organizing campaigns or strikes.

• Who is affected: employees, unions, employers, franchisors, and tribal communities.
• Union elections and voting: secret‑ballot only; voting limited to workers with lawful immigration status; voter lists limited to names plus one contact method chosen by the worker; unions must safeguard and limit use of that info.
• Worker money: non‑bargaining spending of dues/fees requires written worker OK that expires after one year.
• Worker status and employer liability: sets an independent‑contractor test; tightens joint‑employer rules; creates a franchisor safe harbor for certain training and policies.
• State-based option: in states that prohibit mandatory union membership or payments, some employees may negotiate directly and unions may not represent or interfere with them.
• Contracts and conduct: bans certain DEI mandates in union contracts unless required by law; addresses labor‑related robbery, extortion, or violence; lets employers act against harassment even during organizing or strikes.
• When: within nine months of enactment, the Board must issue rules on the new voter‑list requirements.