,,ii #aaith ,,congress #ast ,session ,s4 #bihd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #h1 #bjbe,mr4 ,scott of ,south ,carolina 7for himself1 ,mr4 ,tuberville1 ,mr4 ,cramer1 ,mr4 ,barrasso1 ,mrs4 ,hyde-,smith1 ,mr4 ,crapo1 ,mr4 ,risch1 ,mr4 ,hoeven1 and ,mrs4 ,britt7 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 for lawful workers ,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 1 for the purposes of collective bargaining selected by secret ballot of employees in an election conducted by the ,board14 #c4 ,union voting for employees who do not have lawful status 7a7 ,national ,labor ,relations ,act ,section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 is amended by adding at the end the following3 7f7 ,any employee who does not have lawful status under the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja77 shall not-- 7#a7 be eligible to vote in any election 7including an election by a secret ballot7 conducted by the ,board under this section1 and any vote cast by such an employee in any such election shall not be valid2 or 7,a7 be considered an employee for the purposes of any petition described in subsection 7c7 or 7e74 4 7b7 ,labor ,management ,relations ,act ,section #bji7;b7 of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #agi7;b77 is amended by adding at the end the following3 ,any such employee who does not have lawful status under the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja77 shall not be entitled to vote in any such secret ballot44 7c7 ,labor-,management ,reporting and ,disclosure ,act ,section #dja of the ,labor-,management ,reporting and ,disclosure ,act of #aiei 7#bi ,u4,s4,c4 #dha7 is amended by adding at the end the following3 7j7 ,any employee who does not have lawful status under the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja77 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 section4 4 #d4 ,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 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 this subsection4 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 and at the end2 7#b7 in paragraph 7#g77;,c71 by striking services4 and inserting services22 7#c7 in the matter following paragraph 7#g7-- 7,a7 by adjusting the margin two ems to the left2 and 7,b7 by striking ,nothing in this paragraph and inserting ,nothing in paragraph2 and 7#d7 by inserting after subparagraph 7,c7 of paragraph 7#g71 as so amended1 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 proceeding2 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 #e4 ,employment relationships 7a7 ,criteria for determining employee status 7#a7 ,fair ,labor ,standards ,act of #aich ,section #c7;e7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77 is amended-- 7,a7 by redesignating paragraphs 7#b71 7#c71 7#d71 and 7#e7 as paragraphs 7#c71 7#d71 7#e71 and 7#f71 respectively2 7,b7 in paragraph 7#a71 by striking paragraphs 7#b71 7#c71 and 7#d7 and inserting paragraphs 7#c71 7#d71 7#e71 and 7#f72 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 7,a7 ,an individual shall be determined to be an independent contractor rather than an employee of another person if-- 7i7 such other person does not exercise significant control over the details of the way the work is performed by the individual1 without regard to any control the other person may exercise over the final result of the work performed2 and 7ii7 while performing such work1 the individual has the opportunities and risks inherent with entrepreneurship1 such as the discretion to exercise managerial skill1 business acumen1 or professional judgment4 7,b7 ,the following factors may not be used in determining whether an individual is an employee of another person3 7i7 ,whether such other person requires the individual to comply with legal1 statutory1 or regulatory requirements4 7ii7 ,whether such other person requires the individual to comply with health and safety standards that are more stringent than otherwise applicable health and safety standards4 7iii7 ,whether such other person requires the individual to carry insurance of any kind4 7iv7 ,whether such other person requires the individual to meet contractually agreed-upon performance standards1 such as deadlines4 4 7#b7 ,national ,labor ,relations ,act ,section #b7c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7c77 is amended-- 7,a7 by striking 7#c7 ,the term employee shall and inserting the following3 7#c7 7,a7 ,the term employee shall 2 and 7,b7 by adding at the end the following3 7,b7 ,the standard applied in section #c7;e77#b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77#b77 shall be used in determining whether an individual is an independent contractor or an employee of another person under this ,act1 except that1 in applying such standard to this ,act1 any reference to the term employee in such section #c7;e77#b7 shall have the meaning given such term under this paragraph4 4 7b7 ,criteria for determining joint employer status 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 #f4 ,tribal sovereignty ,section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb71 as amended by section #e1 is further amended-- 7#a7 in paragraph 7#b71 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 #g4 ,independent negotiating 7a7 ,unfair labor practices ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh71 as amended by section #d1 is further amended-- 7#a7 in subsection 7a77#c7-- 7,a7 by striking or 7,b7 and inserting 7,b72 and 7,b7 by striking membership2 and inserting membership1 or 7,c7 if1 in a covered ,state1 the employee has ceased to be a member of a labor organization or pay an exclusive representative2 and 7#b7 in subsection 7b71 by inserting after paragraph 7#h7 the following3 7#i7 in a covered ,state1 to represent or bargain on behalf of employees who have ceased to be a member of a labor organization or pay an exclusive representative2 7#aj7 in a covered ,state1 to interfere with employees who have ceased to be a member of a labor organization or pay an exclusive representative engaged in independent negotiating2 7#aa7 in a covered ,state1 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 negotiating2 and 4 7b7 ,exclusion of workers engaged in independent negotiating from representation ,section #i7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;a771 as amended by section #b1 is further amended-- 7#a7 by inserting 7other than any employee who has elected to engage in independent negotiating7 after all the employees2 7#b7 by inserting 1 in a ,state or ,territory that is not a covered ,state1 before any individual2 and 7#c7 by striking such adjustment4 and inserting such adjustment3 ,provided further1 ,that1 in a covered ,state1 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 representative44 7c7 ,independent negotiating and covered ,state defined ,section #b of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb71 as amended by section #f1 is further amended by adding at the end the following3 7#ah7 ,the term independent negotiating means1 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 bargaining1 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 agreement4 7#ai7 ,the term covered ,state means a ,state or ,territory which prohibits the execution or application of agreements requiring membership in1 or payment to1 a labor organization as a condition of employment4 4 #h4 ,diversity1 equity1 or inclusion ,section #h7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;b771 as amended by section #g7;a71 is further amended by inserting after paragraph 7#aa7 the following3 7#ab7 to include any provision in a collective bargaining agreement that mandates or promotes diversity1 equity1 or inclusion initiatives1 including preferences1 mandates1 policies1 programs1 activities1 or guidance related to personal characteristics of an individual that are not related to the qualifications or performance required for a job1 unless such initiatives are required by ,federal1 ,state1 or local law4 4 #i4 ,freedom from union violence act ,section #aiea of title #ah1 ,united ,states ,code1 is amended to read as follows3 #aiea4 ,interference with commerce by threats or violence 7a7 ,definitions ,for purposes of this section-- 7#a7 the term commerce means any-- 7,a7 commerce within the ,district of ,columbia1 or any territory or possession of the ,united ,states2 7,b7 commerce between any point in a ,state1 territory1 possession1 or the ,district of ,columbia and any point outside thereof2 7,c7 commerce between points within the same ,state through any place outside that ,state2 and 7,d7 other commerce over which the ,united ,states has jurisdiction2 7#b7 the term extortion means the obtaining of property from any person1 with the consent of that person1 if that consent is induced-- 7,a7 by actual or threatened use of force or violence1 or fear thereof2 7,b7 by wrongful use of fear not involving force or violence2 or 7,c7 under color of official right2 7#c7 the term labor dispute has the meaning given that term in section #b7i7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7i772 and 7#d7 the term robbery means the unlawful taking or obtaining of personal property from the person or in the presence of another1 against his or her will1 by means of actual or threatened force or violence1 or fear of injury1 immediate or future-- 7,a7 to his or her person or property1 or property in his or her custody or possession2 or 7,b7 to the person or property of a relative or member of his or her family1 or of anyone in his or her company at the time of the taking or obtaining4 7b7 ,prohibition ,except as provided in subsection 7c71 whoever in any way or degree obstructs1 delays1 or affects commerce or the movement of any article or commodity in commerce1 by robbery or extortion1 or attempts or conspires so to do1 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 section1 shall be fined not more than #ajj1jjj1 imprisoned for a term of not more than #bj years1 or both4 7c7 ,exempted conduct 7#a7 ,in general ,subsection 7b7 does not apply to any conduct that-- 7,a7 is incidental to otherwise peaceful picketing during the course of a labor dispute2 7,b7 consists solely of minor bodily injury1 or minor damage to property1 or threat or fear of such minor injury or damage2 and 7,c7 is not part of a pattern of violent conduct or of coordinated violent activity4 7#b7 ,state and local jurisdiction ,any violation of this section that involves any conduct described in paragraph 7#a7 shall be subject to prosecution only by the appropriate ,state and local authorities4 7d7 ,effect on other law ,nothing in this section shall be construed-- 7#a7 to repeal1 amend1 or otherwise affect-- 7,a7 section #f of the ,clayton ,act 7#ae ,u4,s4,c4 #ag72 7,b7 section #bj of the ,clayton ,act 7#bi ,u4,s4,c4 #eb72 7,c7 any provision of the ,norris-,la,guardia ,act 7#bi ,u4,s4,c4 #aja et seq472 7,d7 any provision of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq472 or 7,e7 any provision of the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq472 or 7#b7 to preclude ,federal jurisdiction over any violation of this section1 on the basis that the conduct at issue-- 7,a7 is also a violation of ,state or local law2 or 7,b7 occurred during the course of a labor dispute or in pursuit of a legitimate business or labor objective4 4 #aj4 ,unlawful harassment ,section #h7;a77#c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;a77#c77 is amended by adding after ,provided1 the following3 ,that nothing in this section shall be construed to prevent an employer from taking action to protect employees from discriminatory1 harassing1 or demeaning language or conduct1 including during organizing campaigns or strikes3 ,provided further14