,,ii #aahth ,,congress #ast ,session ,s4 #abja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ai1 #bjbc,mr4 ,scott of ,south ,carolina 7for himself1 ,mr4 ,cramer1 ,mr4 ,cassidy1 ,ms4 ,lummis1 ,mr4 ,braun1 ,mr4 ,johnson1 ,mr4 ,thune1 ,mrs4 ,hyde-,smith1 ,mr4 ,hagerty1 ,mr4 ,budd1 ,mr4 ,tuberville1 ,mr4 ,crapo1 ,mr4 ,risch1 ,mr4 ,lee1 ,mr4 ,barrasso1 and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to reform the labor laws of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,employee ,rights ,act4 #b4 ,enhanced employee rights ,section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a77 is amended by striking designated or selected for the purposes of collective bargaining and inserting for the purposes of collective bargaining selected by secret ballot1 in an election conducted by the ,board14 #c4 ,employee privacy 7a7 ,notice of rights and protections2 voter registration lists ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended by adding at the end the following3 7h7 7#a7 ,whenever the ,board directs an election under section #i7;c7 or approves an election agreement1 the employer of employees in the bargaining unit shall1 not later than two business days after the ,board directs such election or approves such election agreement1 provide a voter list to a labor organization that has petitioned to represent such employees4 ,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 7such as a telephone number1 an email address1 or a mailing address7 chosen by the employee in writing4 ,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 form4 ,not later than nine months after the date of enactment of the ,employee ,rights ,act1 the ,board shall promulgate regulations implementing the requirements of this paragraph4 7#b7 ,it shall be an unfair labor practice for an employer to violate any requirement under paragraph 7#a74 4 7b7 ,labor organization use of personal information ,section #h7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;b77 is amended-- 7#a7 in paragraph 7#f71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#g71 by striking #h7;b74 and inserting #h7;b72 and2 and 7#c7 by adding at the end the following3 7#h7 to fail to protect the personal information of an employee received for an organizing drive1 to use such information for any reason other than a representation proceeding1 or to use such information after the conclusion of a representation proceeding4 4 7c7 ,right not ,to subsidize labor organization nonrepresentational activities ,title ,i of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #daa et seq47 is amended by adding at the end the following3 #ajf4 ,right not to subsidize labor organization nonrepresentational activities ,no employee's labor organization dues1 fees1 assessments1 or other contributions shall be used or contributed to any person1 organization1 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 member1 or nonmember required to make such payments as a condition of employment1 authorizes such expenditure in writing1 after a notice period of not less than #ce days4 ,an initial authorization provided by an employee under the preceding sentence shall expire not later than #a year after the date on which such authorization is signed by the employee4 ,there shall be no automatic renewal of an authorization under this section4 4 #d4 ,employment relationships 7a7 ,amendments to the fair labor standards act of #aich ,to harmonize the definition of employee 7#a7 ,definition of employee ,section #c7;e77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#a77 is amended by inserting before the period the following3 1 as determined under the usual common law rules4 7#b7 ,definition of employ ,section #c7;g7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;g77 is amended by inserting an employee after permit4 7b7 ,clarification of joint employment 7#a7 ,national labor relations act ,section #b7b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7b77 is amended-- 7,a7 by striking ,the term employer and inserting 7,a7 ,the term employer2 and 7,b7 by adding at the end the following3 7,b7 ,an employer may be considered a joint employer of the employees of another employer only if each employer directly1 actually1 and immediately1 and not in a limited and routine manner1 exercises significant control over the essential terms and conditions of employment of the employees of the other employer1 such as hiring such employees1 discharging such employees1 determining the rate of pay and benefits of such employees1 supervising such employees on a day-to-day basis1 assigning such employees a work schedule1 position1 or task1 or disciplining such employees4 4 7#b7 ,fair labor standards act of #aich ,section #c7;d7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;d77 is amended-- 7,a7 by striking ,employer includes and inserting 7#a7 ,employer includes2 and 7,b7 by adding at the end the following3 7#b7 ,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 #b7b77;,b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7b77;,b77 except that1 for purposes of determining joint-employer status under this ,act1 the terms employee and employer referenced in such section shall have the meanings given such terms in this section4 4 7c7 ,provision of technical assistance ,notwithstanding any other provision of law1 under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq471 the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq471 or any other ,federal law1 none of the following may be construed1 alone or in combination with any other factor1 as establishing an employer and employee relationship between a franchisor 7or any employee of the franchisor7 and a franchisee 7or any employee of the franchisee73 7#a7 ,the franchisor 7or any employee of the franchisor7 provides the franchisee 7or any employee of the franchisee7 with1 or requires such franchisee 7or any employee of the franchisee7 to use1 a handbook1 or other training1 on sexual harassment1 human trafficking1 workplace violence1 discrimination1 or opportunities for apprenticeships or scholarships4 7#b7 ,the franchisor 7or any employee of the franchisor7 requires the franchisee 7or any employee of the franchisee7 to adopt a policy on sexual harassment1 human trafficking1 workplace violence1 discrimination1 opportunities for apprenticeships or scholarships1 child care1 or paid leave1 including a requirement for such franchisee 7or any employee of the franchisee7 to report to the franchisor 7or any employee of the franchisor7 any violations or suspected violations of such policy4 #e4 ,tribal sovereignty ,section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb71 as amended by section #d7;b77#a71 is further amended-- 7#a7 in paragraph 7#b77;,a71 by inserting or any ,indian ,tribe1 or any enterprise or institution owned and operated by an ,indian ,tribe and located on its ,indian lands1 after subdivision thereof12 and 7#b7 by adding at the end the following3 7#ae7 ,the term ,indian ,tribe means any ,indian ,tribe1 band1 nation1 pueblo1 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 ,indians4 7#af7 ,the term ,indian means any individual who is a member of an ,indian ,tribe4 7#ag7 ,the term ,indian lands means-- 7,a7 all lands within the limits of any ,indian reservation2 7,b7 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 alienation2 and 7,c7 any lands in the ,state of ,oklahoma that are within the boundaries of a former reservation 7as defined by the ,secretary of the ,interior7 of a federally recognized ,indian ,tribe4 4