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Employee Rights Act

USA118th CongressS-1201| Senate 
| Updated: 4/19/2023
Tim Scott

Tim Scott

Republican Senator

South Carolina

Cosponsors (28)
Tommy Tuberville (Republican)Bill Cassidy (Republican)Mike Braun (Republican)Markwayne Mullin (Republican)Mitch McConnell (Republican)Katie Boyd Britt (Republican)Thomas Tillis (Republican)Cindy Hyde-Smith (Republican)Jerry Moran (Republican)Mike Lee (Republican)James E. Risch (Republican)Cynthia M. Lummis (Republican)Ron Johnson (Republican)Marsha Blackburn (Republican)Todd Young (Republican)Tom Cotton (Republican)Roger F. Wicker (Republican)Rand Paul (Republican)John Boozman (Republican)John Thune (Republican)Kevin Cramer (Republican)James Lankford (Republican)Bill Hagerty (Republican)John Barrasso (Republican)John Cornyn (Republican)John Hoeven (Republican)Ted Budd (Republican)Mike Crapo (Republican)

Health, Education, Labor, and Pensions Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Employee Rights Act This bill generally addresses employer obligations related to unionized workplaces. This bill provides that an employer may be considered a joint employer in relation to an employee under federal labor law only if such employer directly, actually, and immediately (and not in a limited and routine manner) exercises significant control over the essential terms and conditions of employment. Such control may by demonstrated by hiring and discharging employees, determining individual employee rates of pay and benefits, day-to-day supervision of employees, assigning individual work schedules, positions, and tasks, and administering employee discipline. The bill also requires a workplace election to approve or reject a union to be conducted by secret ballot. Further, the bill requires an employer to provide limited employee information to union representatives to facilitate a workplace election. An employer that mishandles or fails to provide such information according to the bill's requirements may be liable for an unfair labor practice (i.e., labor law violation). Additionally, the bill requires an employee to authorize in writing any use of the employee's labor organization dues or other contribution for a purpose other than collective bargaining or contract administration. Such authorization must be made upon 35 days' notice and expires after one year. Finally, the bill exempts Indian Tribes, including Indian Tribe enterprises and institutions, from the collective bargaining rights and related provisions of federal labor law.
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Timeline

Bill from Previous Congress

S 117-3889
Employee Rights Act
Apr 19, 2023
Introduced in Senate
Apr 19, 2023
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Apr 28, 2023

Latest Companion Bill Action

HR 118-2700
Sponsor introductory remarks on measure. (CR H2104)
  • Bill from Previous Congress

    S 117-3889
    Employee Rights Act


  • April 19, 2023
    Introduced in Senate


  • April 19, 2023
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • April 28, 2023

    Latest Companion Bill Action

    HR 118-2700
    Sponsor introductory remarks on measure. (CR H2104)

Labor and Employment

Related Bills

  • HR 118-2700: Employee Rights Act
  • S 118-1261: Save Local Business Act
  • S 118-1328: Tribal Labor Sovereignty Act of 2023
  • HR 118-2826: Save Local Business Act

Employee Rights Act

USA118th CongressS-1201| Senate 
| Updated: 4/19/2023
Employee Rights Act This bill generally addresses employer obligations related to unionized workplaces. This bill provides that an employer may be considered a joint employer in relation to an employee under federal labor law only if such employer directly, actually, and immediately (and not in a limited and routine manner) exercises significant control over the essential terms and conditions of employment. Such control may by demonstrated by hiring and discharging employees, determining individual employee rates of pay and benefits, day-to-day supervision of employees, assigning individual work schedules, positions, and tasks, and administering employee discipline. The bill also requires a workplace election to approve or reject a union to be conducted by secret ballot. Further, the bill requires an employer to provide limited employee information to union representatives to facilitate a workplace election. An employer that mishandles or fails to provide such information according to the bill's requirements may be liable for an unfair labor practice (i.e., labor law violation). Additionally, the bill requires an employee to authorize in writing any use of the employee's labor organization dues or other contribution for a purpose other than collective bargaining or contract administration. Such authorization must be made upon 35 days' notice and expires after one year. Finally, the bill exempts Indian Tribes, including Indian Tribe enterprises and institutions, from the collective bargaining rights and related provisions of federal labor law.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 117-3889
Employee Rights Act
Apr 19, 2023
Introduced in Senate
Apr 19, 2023
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Apr 28, 2023

Latest Companion Bill Action

HR 118-2700
Sponsor introductory remarks on measure. (CR H2104)
  • Bill from Previous Congress

    S 117-3889
    Employee Rights Act


  • April 19, 2023
    Introduced in Senate


  • April 19, 2023
    Read twice and referred to the Committee on Health, Education, Labor, and Pensions.


  • April 28, 2023

    Latest Companion Bill Action

    HR 118-2700
    Sponsor introductory remarks on measure. (CR H2104)
Tim Scott

Tim Scott

Republican Senator

South Carolina

Cosponsors (28)
Tommy Tuberville (Republican)Bill Cassidy (Republican)Mike Braun (Republican)Markwayne Mullin (Republican)Mitch McConnell (Republican)Katie Boyd Britt (Republican)Thomas Tillis (Republican)Cindy Hyde-Smith (Republican)Jerry Moran (Republican)Mike Lee (Republican)James E. Risch (Republican)Cynthia M. Lummis (Republican)Ron Johnson (Republican)Marsha Blackburn (Republican)Todd Young (Republican)Tom Cotton (Republican)Roger F. Wicker (Republican)Rand Paul (Republican)John Boozman (Republican)John Thune (Republican)Kevin Cramer (Republican)James Lankford (Republican)Bill Hagerty (Republican)John Barrasso (Republican)John Cornyn (Republican)John Hoeven (Republican)Ted Budd (Republican)Mike Crapo (Republican)

Health, Education, Labor, and Pensions Committee

Labor and Employment

Related Bills

  • HR 118-2700: Employee Rights Act
  • S 118-1261: Save Local Business Act
  • S 118-1328: Tribal Labor Sovereignty Act of 2023
  • HR 118-2826: Save Local Business Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted