Richard L. Trumka Protecting the Right to Organize Act of 2025

Summary

Presumes workers are employees under the National Labor Relations Act unless the employer meets three narrow criteria showing independent-contractor status, tightens rules on employer actions during strikes (including limits on permanently replacing strikers and discrimination against returning workers), updates supervisor and reporting rules for the National Labor Relations Board, and makes targeted amendments to related labor laws (LMRA and LMRDA). It also includes a severability clause and authorizes “such sums as may be necessary” to implement the changes.

• Creates a default test that treats most workers as employees for NLRA purposes unless three strict criteria for independent-contractor status are all met.
• Limits employer actions around strikes, including prohibitions on promising or carrying out permanent replacements and protections against discrimination of returning workers.
• Revises the supervisor definition language and makes small deletions elsewhere in NLRA text.
• Strengthens NLRB reporting and transparency, exempts certain reports from an upcoming automatic sunset, and requires DAEO recusal reporting.
• Amends LMRA/LMRDA cross-references and repeals a specific LMRA provision to streamline statutory language.
• Includes a severability clause and authorizes funding needed to implement the Act.
• Contains technical renumbering and punctuation edits to improve statutory clarity and readiness for future amendments.