Employee Rights Act: Reforms to Union Voting, Dues, and Worker Classification
This Act significantly reforms labor laws, affecting union organization, the definition of an employee, and employment rules. Employees gain more control over their union dues, which cannot be automatically used for non-negotiation purposes. Furthermore, the bill tightens the criteria for classifying individuals as independent contractors and excludes those without lawful immigration status from voting in union elections.
Key points
Union Voting Eligibility: Only employees with lawful immigration status will be eligible to vote in union elections. Votes cast by individuals without such status will be invalid.
Union Dues Use: Dues cannot be used for purposes unrelated to collective bargaining unless the employee provides written authorization, which expires after one year.
Independent Contractor Definition: New, clearer criteria are established for determining independent contractor status, focusing on lack of significant control by the employer and the individual's entrepreneurial risks.
Employee Privacy: Unions will receive a limited voter list (name and one contact method) and must protect this personal information, using it only for representation proceedings.
Individual Negotiation Rights: In states where union membership is not mandatory, employees who cease union membership can engage in independent negotiation with their employer.
Union Violence: The Act amends federal law regarding extortion and robbery during labor disputes, setting potential penalties of up to 20 years imprisonment and a $100,000 fine.
Introduced
Citizen Poll