Employee Rights Act: Changes to Union Elections, Data Privacy, and Employment Definitions
This act modifies how labor union representatives are chosen, requiring secret ballot elections. It also specifies how employers and unions can use employee contact information, enhancing privacy. Furthermore, the bill clarifies who is considered an employee and when two companies can be deemed a joint employer, impacting responsibilities and employee rights.
Key points
Union Elections: Labor organizations will be selected by secret ballot in Board-conducted elections, aiming for fairer processes.
Employee Privacy: Employers must provide unions with a voter list including one employee-chosen contact method. Unions are restricted from using this data for non-representation purposes or after proceedings conclude.
Union Dues: Employee union dues cannot be used for non-collective bargaining activities without written authorization, which expires after one year.
Employee Definition: The act clarifies the definition of an employee based on common law rules, potentially affecting employment status.
Joint Employment: It defines when two employers can be considered 'joint employers,' meaning they directly and significantly control essential terms of employment, impacting liability.
Franchise Relationships: Provides that franchisors offering training or requiring policies (e.g., on harassment or paid leave) do not automatically become joint employers of franchisees' employees.
Tribal Sovereignty: Excludes Indian Tribes and their enterprises/institutions located on Indian lands from the National Labor Relations Act.
Expired
Additional Information
Print number: 118_HR_2700
Sponsor: Rep. Allen, Rick W. [R-GA-12]
Process start date: 2023-04-19