[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2984 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2984
To reform the labor laws of the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 8, 2025
Mr. Scott of South Carolina (for himself, Mr. Tuberville, Mr. Cramer,
Mr. Barrasso, Mrs. Hyde-Smith, Mr. Crapo, Mr. Risch, Mr. Hoeven, and
Mrs. Britt) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To reform the labor laws of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Rights Act''.
SEC. 2. ENHANCED EMPLOYEE RIGHTS FOR LAWFUL WORKERS.
Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a))
is amended by striking ``designated or selected for the purposes of
collective bargaining'' and inserting ``, for the purposes of
collective bargaining selected by secret ballot of employees in an
election conducted by the Board,''.
SEC. 3. UNION VOTING FOR EMPLOYEES WHO DO NOT HAVE LAWFUL STATUS.
(a) National Labor Relations Act.--Section 9 of the National Labor
Relations Act (29 U.S.C. 159) is amended by adding at the end the
following:
``(f) Any employee who does not have lawful status under the
immigration laws (as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)) shall not--
``(1) be eligible to vote in any election (including an
election by a secret ballot) conducted by the Board under this
section, and any vote cast by such an employee in any such
election shall not be valid; or
``(A) be considered an employee for the purposes of any
petition described in subsection (c) or (e).''.
(b) Labor Management Relations Act.--Section 209(b) of the Labor
Management Relations Act, 1947 (29 U.S.C. 179(b)) is amended by adding
at the end the following: ``Any such employee who does not have lawful
status under the immigration laws (as such term is defined in section
101 of the Immigration and Nationality Act (8 U.S.C. 1101)) shall not
be entitled to vote in any such secret ballot.''.
(c) Labor-Management Reporting and Disclosure Act.--Section 401 of
the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.
481) is amended by adding at the end the following:
``(j) Any employee who does not have lawful status under the
immigration laws (as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)) and who is a member of
a labor organization shall not be entitled to vote in any election
conducted by a labor organization under this section.''.
SEC. 4. EMPLOYEE PRIVACY.
(a) Notice of Rights and Protections; Voter Registration Lists.--
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(h)(1) Whenever the Board directs an election under section 9(c)
or approves an election agreement, the employer of employees in the
bargaining unit shall, after the Board directs such election or
approves such election agreement, provide a voter list to a labor
organization that has petitioned to represent such employees. Such
voter list shall include the names of all employees in the bargaining
unit and not more than one additional form of personal contact
information for the employee (such as a telephone number, an email
address, or a mailing address) chosen by the employee in writing. The
voter list shall be provided in a searchable electronic format
generally approved by the Board unless the employer certifies that the
employer does not possess the capacity to produce the list in the
required form. Not later than nine months after the date of enactment
of the Employee Rights Act, the Board shall promulgate regulations
implementing the requirements of this paragraph.
``(2) It shall be an unfair labor practice for an employer to
violate any requirement under this subsection.''.
(b) Labor Organization Use of Personal Information.--Section 8(b)
of the National Labor Relations Act (29 U.S.C. 158(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7)(C), by striking ``services.'' and
inserting ``services;'';
(3) in the matter following paragraph (7)--
(A) by adjusting the margin two ems to the left;
and
(B) by striking ``Nothing in this paragraph'' and
inserting ``Nothing in paragraph''; and
(4) by inserting after subparagraph (C) of paragraph (7),
as so amended, the following:
``(8) to fail to protect the personal information of an
employee received for an organizing drive, to use such
information for any reason other than a representation
proceeding, or to use such information after the conclusion of
a representation proceeding;''.
(c) Right Not To Subsidize Labor Organization Nonrepresentational
Activities.--Title I of the Labor-Management Reporting and Disclosure
Act of 1959 (29 U.S.C. 411 et seq.) is amended by adding at the end the
following:
``SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZATION
NONREPRESENTATIONAL ACTIVITIES.
``No employee's labor organization dues, fees, assessments, or
other contributions shall be used or contributed to any person,
organization, or entity for any purpose not directly related to the
labor organization's collective bargaining or contract administration
functions on behalf of the represented unit employee unless the
employee member, or nonmember required to make such payments as a
condition of employment, authorizes such expenditure in writing, after
a notice period of not less than 35 days. An initial authorization
provided by an employee under the preceding sentence shall expire not
later than 1 year after the date on which such authorization is signed
by the employee. There shall be no automatic renewal of an
authorization under this section.''.
SEC. 5. EMPLOYMENT RELATIONSHIPS.
(a) Criteria for Determining Employee Status.--
(1) Fair labor standards act of 1938.--Section 3(e) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)) is
amended--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6), respectively;
(B) in paragraph (1), by striking ``paragraphs (2),
(3), and (4)'' and inserting ``paragraphs (3), (4),
(5), and (6)''; and
(C) by inserting after paragraph (1) the following:
``(2)(A) An individual shall be determined to be an independent
contractor rather than an employee of another person if--
``(i) such other person does not exercise significant
control over the details of the way the work is performed by
the individual, without regard to any control the other person
may exercise over the final result of the work performed; and
``(ii) while performing such work, the individual has the
opportunities and risks inherent with entrepreneurship, such as
the discretion to exercise managerial skill, business acumen,
or professional judgment.
``(B) The following factors may not be used in determining whether
an individual is an employee of another person:
``(i) Whether such other person requires the individual to
comply with legal, statutory, or regulatory requirements.
``(ii) Whether such other person requires the individual to
comply with health and safety standards that are more stringent
than otherwise applicable health and safety standards.
``(iii) Whether such other person requires the individual
to carry insurance of any kind.
``(iv) Whether such other person requires the individual to
meet contractually agreed-upon performance standards, such as
deadlines.''.
(2) National labor relations act.--Section 2(3) of the
National Labor Relations Act (29 U.S.C. 152(3)) is amended--
(A) by striking ``(3) The term `employee' shall''
and inserting the following:
``(3)(A) The term `employee' shall''; and
(B) by adding at the end the following:
``(B) The standard applied in section 3(e)(2) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(e)(2)) shall be used in
determining whether an individual is an independent contractor or an
employee of another person under this Act, except that, in applying
such standard to this Act, any reference to the term `employee' in such
section 3(e)(2) shall have the meaning given such term under this
paragraph.''.
(b) Criteria for Determining Joint Employer Status.--
(1) National labor relations act.--Section 2(2) of the
National Labor Relations Act (29 U.S.C. 152(2)) is amended--
(A) by striking ``The term `employer''' and
inserting ``(A) The term `employer'''; and
(B) by adding at the end the following:
``(B) An employer may be considered a joint employer of the
employees of another employer only if each employer directly, actually,
and immediately, and not in a limited and routine manner, exercises
significant control over the essential terms and conditions of
employment of the employees of the other employer, such as hiring such
employees, discharging such employees, determining the rate of pay and
benefits of such employees, supervising such employees on a day-to-day
basis, assigning such employees a work schedule, position, or task, or
disciplining such employees.''.
(2) Fair labor standards act of 1938.--Section 3(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is
amended--
(A) by striking ```Employer' includes'' and
inserting ``(1) `Employer' includes''; and
(B) by adding at the end the following:
``(2) An employer may be considered a joint employer of the
employees of another employer for purposes of this Act only if each
employer meets the criteria set forth in section 2(2)(B) of the
National Labor Relations Act (29 U.S.C. 152(2)(B)) except that, for
purposes of determining joint-employer status under this Act, the terms
`employee' and `employer' referenced in such section shall have the
meanings given such terms in this section.''.
(c) Provision of Technical Assistance.--Notwithstanding any other
provision of law, under the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.), the National Labor Relations Act (29 U.S.C. 151 et seq.),
or any other Federal law, none of the following may be construed, alone
or in combination with any other factor, as establishing an employer
and employee relationship between a franchisor (or any employee of the
franchisor) and a franchisee (or any employee of the franchisee):
(1) The franchisor (or any employee of the franchisor)
provides the franchisee (or any employee of the franchisee)
with, or requires such franchisee (or any employee of the
franchisee) to use, a handbook, or other training, on sexual
harassment, human trafficking, workplace violence,
discrimination, or opportunities for apprenticeships or
scholarships.
(2) The franchisor (or any employee of the franchisor)
requires the franchisee (or any employee of the franchisee) to
adopt a policy on sexual harassment, human trafficking,
workplace violence, discrimination, opportunities for
apprenticeships or scholarships, child care, or paid leave,
including a requirement for such franchisee (or any employee of
the franchisee) to report to the franchisor (or any employee of
the franchisor) any violations or suspected violations of such
policy.
SEC. 6. TRIBAL SOVEREIGNTY.
Section 2 of the National Labor Relations Act (29 U.S.C. 152), as
amended by section 5, is further amended--
(1) in paragraph (2), by inserting ``or any Indian Tribe,
or any enterprise or institution owned and operated by an
Indian Tribe and located on its Indian lands,'' after
``subdivision thereof,''; and
(2) by adding at the end the following:
``(15) The term `Indian Tribe' means any Indian Tribe,
band, nation, pueblo, or other organized group or community
which is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``(16) The term `Indian' means any individual who is a
member of an Indian Tribe.
``(17) The term `Indian lands' means--
``(A) all lands within the limits of any Indian
reservation;
``(B) any lands title to which is either held in
trust by the United States for the benefit of any
Indian Tribe or Indian or held by any Indian Tribe or
Indian subject to restriction by the United States
against alienation; and
``(C) any lands in the State of Oklahoma that are
within the boundaries of a former reservation (as
defined by the Secretary of the Interior) of a
Federally recognized Indian Tribe.''.
SEC. 7. INDEPENDENT NEGOTIATING.
(a) Unfair Labor Practices.--Section 8 of the National Labor
Relations Act (29 U.S.C. 158), as amended by section 4, is further
amended--
(1) in subsection (a)(3)--
(A) by striking ``or (B)'' and inserting ``(B)'';
and
(B) by striking ``membership;'' and inserting
``membership, or (C) if, in a covered State, the
employee has ceased to be a member of a labor
organization or pay an exclusive representative''; and
(2) in subsection (b), by inserting after paragraph (8) the
following:
``(9) in a covered State, to represent or bargain on behalf
of employees who have ceased to be a member of a labor
organization or pay an exclusive representative;
``(10) in a covered State, to interfere with employees who
have ceased to be a member of a labor organization or pay an
exclusive representative engaged in independent negotiating;
``(11) in a covered State, to restrain or coerce employees
who have ceased to be a member of a labor organization or pay
an exclusive representative from engaging in independent
negotiating; and''.
(b) Exclusion of Workers Engaged in Independent Negotiating From
Representation.--Section 9(a) of the National Labor Relations Act (29
U.S.C. 159(a)), as amended by section 2, is further amended--
(1) by inserting ``(other than any employee who has elected
to engage in independent negotiating)'' after ``all the
employees'';
(2) by inserting ``, in a State or Territory that is not a
covered State,'' before ``any individual''; and
(3) by striking ``such adjustment.'' and inserting ``such
adjustment: Provided further, That, in a covered State, an
individual employee shall engage in independent negotiating
with their employer if such employee has ceased to be a member
of a labor organization or pay an exclusive representative.''.
(c) Independent Negotiating and Covered State Defined.--Section 2
of the National Labor Relations Act (29 U.S.C. 152), as amended by
section 6, is further amended by adding at the end the following:
``(18) The term `independent negotiating' means, in a unit
that is located in a covered State and is represented by a
labor organization or other exclusive representative for the
purposes of collective bargaining, negotiating between an
employer and an individual employee as though such employee
were not in such a unit and without regard to the existence of
a collective-bargaining contract or agreement.
``(19) The term `covered State' means a State or Territory
which prohibits the execution or application of agreements
requiring membership in, or payment to, a labor organization as
a condition of employment.''.
SEC. 8. DIVERSITY, EQUITY, OR INCLUSION.
Section 8(b) of the National Labor Relations Act (29 U.S.C.
158(b)), as amended by section 7(a), is further amended by inserting
after paragraph (11) the following:
``(12) to include any provision in a collective bargaining
agreement that mandates or promotes diversity, equity, or
inclusion initiatives, including preferences, mandates,
policies, programs, activities, or guidance related to personal
characteristics of an individual that are not related to the
qualifications or performance required for a job, unless such
initiatives are required by Federal, State, or local law.''.
SEC. 9. FREEDOM FROM UNION VIOLENCE ACT.
Section 1951 of title 18, United States Code, is amended to read as
follows:
``Sec. 1951. Interference with commerce by threats or violence
``(a) Definitions.--For purposes of this section--
``(1) the term `commerce' means any--
``(A) commerce within the District of Columbia, or
any territory or possession of the United States;
``(B) commerce between any point in a State,
territory, possession, or the District of Columbia and
any point outside thereof;
``(C) commerce between points within the same State
through any place outside that State; and
``(D) other commerce over which the United States
has jurisdiction;
``(2) the term `extortion' means the obtaining of property
from any person, with the consent of that person, if that
consent is induced--
``(A) by actual or threatened use of force or
violence, or fear thereof;
``(B) by wrongful use of fear not involving force
or violence; or
``(C) under color of official right;
``(3) the term `labor dispute' has the meaning given that
term in section 2(9) of the National Labor Relations Act (29
U.S.C. 152(9)); and
``(4) the term `robbery' means the unlawful taking or
obtaining of personal property from the person or in the
presence of another, against his or her will, by means of
actual or threatened force or violence, or fear of injury,
immediate or future--
``(A) to his or her person or property, or property
in his or her custody or possession; or
``(B) to the person or property of a relative or
member of his or her family, or of anyone in his or her
company at the time of the taking or obtaining.
``(b) Prohibition.--Except as provided in subsection (c), whoever
in any way or degree obstructs, delays, or affects commerce or the
movement of any article or commodity in commerce, by robbery or
extortion, or attempts or conspires so to do, or commits or threatens
physical violence to any person or property in furtherance of a plan or
purpose to do anything in violation of this section, shall be fined not
more than $100,000, imprisoned for a term of not more than 20 years, or
both.
``(c) Exempted Conduct.--
``(1) In general.--Subsection (b) does not apply to any
conduct that--
``(A) is incidental to otherwise peaceful picketing
during the course of a labor dispute;
``(B) consists solely of minor bodily injury, or
minor damage to property, or threat or fear of such
minor injury or damage; and
``(C) is not part of a pattern of violent conduct
or of coordinated violent activity.
``(2) State and local jurisdiction.--Any violation of this
section that involves any conduct described in paragraph (1)
shall be subject to prosecution only by the appropriate State
and local authorities.
``(d) Effect on Other Law.--Nothing in this section shall be
construed--
``(1) to repeal, amend, or otherwise affect--
``(A) section 6 of the Clayton Act (15 U.S.C. 17);
``(B) section 20 of the Clayton Act (29 U.S.C. 52);
``(C) any provision of the Norris-LaGuardia Act (29
U.S.C. 101 et seq.);
``(D) any provision of the National Labor Relations
Act (29 U.S.C. 151 et seq.); or
``(E) any provision of the Railway Labor Act (45
U.S.C. 151 et seq.); or
``(2) to preclude Federal jurisdiction over any violation
of this section, on the basis that the conduct at issue--
``(A) is also a violation of State or local law; or
``(B) occurred during the course of a labor dispute
or in pursuit of a legitimate business or labor
objective.''.
SEC. 10. UNLAWFUL HARASSMENT.
Section 8(a)(3) of the National Labor Relations Act (29 U.S.C.
158(a)(3)) is amended by adding after ``Provided,'' the following:
``That nothing in this section shall be construed to prevent an
employer from taking action to protect employees from discriminatory,
harassing, or demeaning language or conduct, including during
organizing campaigns or strikes: Provided further,''.
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