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118th Congress Labor and Employment

S. 1201: Employee Rights Act

Introduced

  1. Introduced (completed)Apr 19, 2023
  2. Passed Senate (not reached)
  3. Passed House (not reached)
  4. To the President (not reached)
  5. Became law (not reached)

Summary

Introduced in Senate, Apr 19, 2023

Employee Rights Act

This bill generally addresses employer obligations related to unionized workplaces.

This bill provides that an employer may be considered a joint employer in relation to an employee under federal labor law only if such employer directly, actually, and immediately (and not in a limited and routine manner) exercises significant control over the essential terms and conditions of employment. Such control may by demonstrated by hiring and discharging employees, determining individual employee rates of pay and benefits, day-to-day supervision of employees, assigning individual work schedules, positions, and tasks, and administering employee discipline.

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The bill also requires a workplace election to approve or reject a union to be conducted by secret ballot. Further, the bill requires an employer to provide limited employee information to union representatives to facilitate a workplace election. An employer that mishandles or fails to provide such information according to the bill's requirements may be liable for an unfair labor practice (i.e., labor law violation).

Additionally, the bill requires an employee to authorize in writing any use of the employee's labor organization dues or other contribution for a purpose other than collective bargaining or contract administration. Such authorization must be made upon 35 days' notice and expires after one year.

Finally, the bill exempts Indian Tribes, including Indian Tribe enterprises and institutions, from the collective bargaining rights and related provisions of federal labor law.

Written by the Congressional Research Service, Library of Congress.

Roll calls

0 votes on this bill

No roll call votes have been held on this bill.

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

28

Who scored on this bill

6 points earned
  1. 1Tim Scott R-SC SponsorIntroduced, reached a cosponsor milestone2 events+6
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Other bills by Tim Scott

History

  1. Apr 19, 2023Introduced in the Senate by Tim Scott.
Show the full action history (2 actions)
  1. Apr 19, 2023Introduced in Senate
  2. Apr 19, 2023Read twice and referred to the Committee on Health, Education, Labor, and Pensions.