Employee Rights Act

The Employee Rights Act proposes several significant changes to federal labor laws aimed at increasing individual worker choice and providing legal clarity for businesses. A central provision would require that all union representation decisions be made through a secret ballot election conducted by the National Labor Relations Board, rather than through other methods like card-checking. It also seeks to protect worker privacy by allowing employees to choose which pieces of personal contact information are shared with union organizers and would prohibit unions from using member dues for political activities without explicit "opt-in" consent from the worker.

Additionally, the bill aims to modernize employment definitions by codifying a specific test to determine whether a worker is an employee or an independent contractor. This change is intended to provide more certainty for freelancers and self-employed individuals. It also proposes a stricter "joint employer" standard, which would only hold a company liable for another company's employees if they exercise direct and immediate control over their working conditions. Other provisions include prohibiting non-citizens from voting in union elections and allowing workers in right-to-work states to opt out of union representation entirely.