119-hr4154

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4154 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4154

 To reform the labor laws of the United States, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 26, 2025

 Mr. Allen (for himself, Mr. Wilson of South Carolina, Mr. Carter of 
 Georgia, Mr. Bean of Florida, Mr. Norman, Mr. Onder, Mr. Jack, Mr. 
 Moolenaar, and Mr. Rose) introduced the following bill; which was 
 referred to the Committee on Education and Workforce, and in addition 
 to the Committee on the Judiciary, for a period to be subsequently 
 determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 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 Under the Fair Labor 
Standards Act.--

Section 3

    (e) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203

    (e) ) is amended--

    (1) by redesignating paragraphs

    (2) ,

    (3) , and

    (4) as 
 paragraphs

    (3) ,

    (4) , and

    (5) , respectively;

    (2) in paragraph

    (1) , by striking ``paragraphs

    (2) ,

    (3) , 
 and

    (4) '' and inserting ``paragraphs

    (3) ,

    (4) , and

    (5) ''; and

    (3) 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 that 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.''.

    (b) Section 2

    (3) of the National Labor Relations Act (29 U.S.C. 
152

    (3) ) is amended--

    (1) by striking ``

    (3) The term `employee' shall'' and 
 inserting the following:
 ``

    (3)
        (A) The term `employee' shall''; and

    (2) by adding at the end the following:
 ``
        (B) 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.''.
            (c) (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.''.
            (d) 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) is 
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) is further amended--

    (1) in subsection

    (a)

    (3) --
        (A) by striking the ``or'' before ``
        (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) , as 
 added by 

section 2

    (b)

    (2) of this Act, 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 such Act (29 U.S.C. 159

    (a) ) is 
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 inserting ``and, 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'' after ``in 
 effect''.
            (c) Independent Negotiating and Covered State Defined.--

Section 2 
of such Act (29 U.S.C. 152) is further amended by adding at the end the 
following:
 ``

    (18) The term `independent negotiating' means, in a unit 
 located in a covered State with an 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) ) 
is further amended by inserting after paragraph

    (12) , as added by 

section 7

    (a)

    (2) of this Act, 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 and is 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) 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.
 ``

    (b) 

=== 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 same meaning as 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.
 ``
            (c) Exempted Conduct.--
 ``

    (1) In general.--Subsection

    (a) 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,''.
 <all>