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This week, U.S. Congressman Rick W. Allen (GA-12) and Senator Tim Scott (R-SC) introduced the Employee Rights Act of 2022. This legislation updates and modernizes the Employee Rights Act to protect independent contractors, franchisees, entrepreneurs, and anyone seeking flexible work options.
“Republicans stand with the 21st Century worker, and it’s time to ensure our labor policies do too. The Employee Rights Act of 2022 protects employees’ privacy, membership dues and the union election process from being abused by union bosses. It also provides all employees, independent contractors and new gig economy workers the necessary protections so they can focus solely on their jobs,” said Congressman Allen, who serves as the Lead Republican on the Health, Employment, Labor and Pensions Subcommittee on the House Education and Labor Committee. “Even though Congressional Democrats and Joe Biden have the support of big labor who wrote their wish-list into the PRO Act, our legislation is supported by dozens of national, state and local organizations comprised of workers from across the nation.”
“The complexities of our modern economy demand creative, forward-thinking legislation that gives workers and small business owners stability and flexibility,” said Senator Tim Scott. “The Democrats continue to push for legislation that prioritizes politics over people by protecting labor unions at the expense of workers. The Employee Rights Act puts workers back in the driver’s seat by giving them basic protections and the power to choose how to make a living for themselves and build a future for their families. I am grateful to my colleagues who are joining me in this fight to make workers’ voices heard in the hall of Congress.”
Full Text is Available Here.
The Employee Rights Act of 2022 is cosponsored by: Representatives Joe Wilson (SC-02), James Comer (KY-01), Dusty Johnson (SD- At Large), John Moolenaar (MI-04), Scott Perry (PA-10), Bob Good (VA-05), Cathy McMorris Rodgers (WA-05), Eric A. “Rick” Crawford (AR-01), Adrian Smith (NE-03), Austin Scott (GA-08), Barry Loudermilk (GA-11), Neal Dunn (FL-02), Paul Gosar (AZ-04), Ken Buck (CO-04), Greg Steube (FL-17), Scott Fitzgerald (WI-05), Ted Budd (NC-13), Ralph Norman (SC-05), Earl L. “Buddy” Carter (GA-01), Mary Miller (IL-15), William R. Timmons, IV (SC-04), Doug LaMalfa (CA-01), and Diana Harshbarger (TN-01).
It is also cosponsored by: Senators Mitch McConnell (R-Ky.), John Thune (R-S.D.), John Barrasso (R-Wyo.), Richard Burr (R-N.C.), Mike Braun (R-Ind.), Roger Marshall (R-Kan.), Jerry Moran (R-Kan.), Tommy Tuberville (R-Ala.), Jim Risch (R-Idaho), Mike Crapo (R-Idaho), John Cornyn (R-Texas), Steve Daines (R-Mont.), Cynthia Lummis (R-Wyo.), Cindy Hyde-Smith (R-Miss.), Bill Hagerty (R-Tenn.), John Boozman (R-Ark.), Roger Wicker (R-Miss.), Thom Tillis (R-N.C.), Kevin Cramer (R-N.D.), Mitt Romney (R-Utah), Tom Cotton (R-Ark.), Jim Inhofe (R-Okla.), and Ron Johnson (R-Wis.).
Background:
President Biden and Congressional Democrats have advocated for the passage of the Protecting the Right to Organize (PRO) Act, which would primarily amend the National Labor Relations Act (NLRA) to rewrite the laws governing private sector employers and unions. Among other items, the PRO Act contains the following controversial provisions:
· Joint Employer Standard: The PRO Act would codify a 2015 NLRB standard to amend who is considered an employer by expanding a joint employer status to include indirect control over employee terms and conditions.
· Independent Contractors and “ABC” Test: The definition of employee would be altered to narrow the definition of “supervisor” and include the so-called “ABC test” to limit who can be an independent contractor vs. an employee.
· Preempts State Right-to-Work Laws: State right-to-work laws guarantee that no person can be compelled to pay union dues or join a union as a condition of employment.
· Secret Ballot and Card Check: If a union fails to gain enough votes in an initial, secret ballot election, the PRO Act would make it easier for unions to organize by disputing the election results and claiming the employer wrongfully interfered.
· Access to Employee Contact Information: During an organizing election, employers would be required to provide unions with work shift information and employees’ personal contact information, including cell phone numbers, home addresses, and email addresses.
The Employee Rights Act, which has been introduced in varying versions since 2011, advocates for concrete worker policies and strikes a contrast with the PRO Act by including the following provisions:
· Guarantees secret ballot union elections.
· Gives employers more flexibility to withdraw from a union if majority of employees agree.
· Protects members’ dues from being used for political purposes without their permission.
· Protects employees’ personal info & data.
· Ensures a majority of employees can vote before union leaders declare a strike.
· Mandates executive or regulatory actions be analyzed to determine potential job losses.
· Protects independent contractors.
Legislation also included in this bill:
· Truth in Employment Act to protect employers from coercive union salting practices
· Rep. Perry’s Freedom from Union Violence Act
· Rep. Dusty Johnson’s RAISE Act to allow employers to give merit-based pay increases outside of a collective bargaining agreement
· Rep. Moolenaar’s Tribal Labor Sovereignty Act to exclude Native American tribes from the National Labor Relations Act
· Chairwoman Stefanik’s Modern Worker Empowerment Act to codify common-law definition of “employee” as a counterweight to the disastrous ABC test seen in California
· Rep. Comer’s Save Local Business Act to codify long-standing definition of joint employer, clarifying that two or more employers must have “actual, direct, and immediate” control over employees to be considered joint employers.
· Rep. Steele’s Union Transparency and Accountability Act to require union dues transparency
· Rep. Joe Wilson’s Employee Privacy Protection Act
For more information on the Employee Rights Act of 2022, please visit EmployeeRightsAct.com.
More than 60 pro-worker, pro-business groups have endorsed the Employee Rights Act. A full list as of 3/22/2022 is below:
Alaska Policy Forum
ALEC Action
American Business Conference
American Experiment
American Hotel & Lodging Association
Americans for Prosperity
Americans for Tax Reform
Asian American Hotel Owners Association
Associated Equipment Distributors
Beacon Impact
Bowling Green Area Chamber of Commerce
California Business and Industrial Alliance
California Policy Center
Center for Individual Freedom
Center for Union Facts
Ceramic Tile Distributors Association
The Club for Growth
Commonwealth Foundation
Consumer Technology Association
Council for Citizens Against Government Waste
Family Business Coalition
Foodservice Equipment Distributors Association
Freedom Foundation
FreedomWorks
Goldwater Institute
Heating, Air-conditioning, & Refrigeration Distributors International
Heritage Action for America
Hispanic Leadership Fund
HR Policy Association
International Association of Plastics Distribution
Independent Bakers Association
Independent Electrical Contractors
Independent Women’s Voice
Institute for the American Worker
International Franchise Association
Job Creators Network
The John Locke Foundation
The John K. MacIver Institute for Public Policy
Kansas Policy Institute
The Libre Initiative
Littler Workplace Policy Institute
Lubbock Chamber of Commerce
Mackinac Center for Public Policy
Metals Service Center Institute
National Association of Electrical Distributors
National Association of Manufacturers
National Association of Wholesaler-Distributors
National Fastener Distributors Association
National Marine Distributors Association
National Ready Mix Concrete Association
National Restaurant Association
National Taxpayers Union
Nevada Policy Research Institute
National Federation of Independent Businesses
Open Competition Center
Outdoor Power Equipment and Engine Service Association
Palmetto Promise Institute
Retail Industry Leaders Association
Rhode Island Center for Freedom and Prosperity
Small Business & Entrepreneurship Council
South Carolina Chamber of Commerce
Taxpayers Protection Alliance
Texas Public Policy Foundation
U.S. Chamber of Commerce
Wichita Regional Chamber of Commerce
Wisconsin Manufacturers and Commerce
60 Plus Association
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