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Referred to the House Committee on Education and Workforce.
Introduced February 13, 2025 by Kevin Kiley · Last progress 1 year ago
Employee Rights Act
Changes the NLRA definition of “employee” so that whether a worker is an employee or an independent contractor is decided using the test found in Section 3(e)(2) of the Fair Labor Standards Act. That means the same FLSA standard would be applied when deciding whether someone can claim NLRA rights (like union organizing and collective bargaining) or is an independent contractor outside those protections.
The change affects workers, employers, unions, and enforcement agencies because it shifts the legal test NLRB and courts must use to classify workers. The bill contains no funding, appropriations, or effective-date language in the text provided.