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S 1201 118th Congress Senate Labor and Employment

Employee Rights Act

Introduced: April 19, 2023 Introduced by: Scott, Tim Republican · South Carolina See on congress.gov
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 19, 2023
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Apr 19, 2023
Introduced in Senate
 Plain-English summary Congressional Research Service

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.

What's happening now April 19, 2023

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

 Committees of jurisdiction 1