Introduced October 8, 2025 by Tim Scott · Last progress October 8, 2025
This bill increases procedural clarity and certain enforcement protections (classification rules, election procedures, picketing protections, and criminal definitions) while shifting power toward employers and narrowing some worker protections—particularly for contractors and undocumented workers—raising risks of weaker unions, more litigation, privacy concerns, and jurisdictional conflict.
Workers and employers get clearer, uniform tests for who is an 'employee' versus an independent contractor under the FLSA and NLRA, reducing classification uncertainty.
All employees gain a standardized secret-ballot process to choose bargaining representatives, protecting individual voting privacy and creating procedural clarity for union elections.
Workers (including union members) and the NLRB would gain stronger protection and enforcement tools against employer harassment tied to union activity, deterring unlawful employer conduct.
Workers who are reclassified or labeled as independent contractors could lose wage protections, overtime, and NLRA rights, reducing pay and legal protections for many low‑paid and gig workers.
Immigrant workers without 'lawful status' would be excluded from voting in union and NLRB elections and from petition thresholds, reducing workplace voice and making unionization harder in workplaces with large undocumented populations.
Combined changes (mandatory secret-ballot elections, dues opt-in, and allowing individual bargaining in covered States) could materially weaken unions' organizing power, reduce union revenue, and lead to lower wages or benefits for unionized workers.
Based on analysis of 10 sections of legislative text.
Requires Board‑run secret‑ballot union elections; bars unauthorized immigrants from voting in labor elections; tightens contractor/joint‑employer tests; limits union dues use; allows individual bargaining in some States; bans DEI clauses; revises Hobbs Act.
Makes major changes to federal labor law: it requires Board‑run secret‑ballot elections to select union representatives, bars people without lawful immigration status from voting or being counted in certain labor elections, tightens tests for independent‑contractor and joint‑employer status (including a franchisor non‑liability clarification), adds privacy rules for employee contact lists and restricts union use of dues, allows individual employees in certain "covered States" to bargain directly if they stop paying or joining a union, bans DEI provisions in collective bargaining agreements, expands statutory definitions for Indian lands, and revises federal robbery/extortion law to add labor‑specific prosecutorial limits. Together these changes shift election procedures and eligibility, limit some union and employer bargaining choices, alter employer liability tests, and change criminal enforcement scope for some labor disputes.