PRIA Logo™
119-s-2984119th CongressWALLET

Employee Rights Act

Sponsored By: Senator Scott, Tim [R-SC]

Introduced

Summary

This bill would make secret-ballot union representation the required method for selecting bargaining representatives and bar non-lawful-status employees from voting in those elections. It would also tighten privacy and dues controls, redefine who counts as an employee, expand tribal coverage, and limit forced DEI bargaining terms.

Show full summary
  • Workers and unions: Workers would see union representation chosen by secret ballot and non-lawful-status employees would be barred from voting in labor elections. Unions would face new limits on member data sharing and would need written, annually renewed permission to use dues for nonrepresentational activities.
  • Employers and businesses: The bill would align independent-contractor and joint-employer tests with Fair Labor Standards Act standards and clarify that franchisor-franchisee contacts alone do not create employer status. Employers would be able to act to stop harassing or demeaning conduct during organizing campaigns and strikes.
  • Tribes, DEI, and enforcement: It would extend National Labor Relations Act coverage to Indian Tribes and Indian lands and prohibit mandatory diversity, equity, and inclusion clauses in collective bargaining unless required by law. The bill would also raise criminal penalties for violent interference in labor disputes while protecting peaceful picketing.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 0 costs, 5 mixed.

New federal penalties for violent labor acts

If enacted, the bill would make robbery, extortion, or threats of physical violence that affect commerce a federal crime punishable by up to a $100,000 fine and 20 years in prison. Peaceful picketing and minor injuries or minor property damage that are not part of a pattern would be left to state and local prosecutors. The bill would preserve other labor and antitrust protections.

New test for independent contractors

If enacted, the bill would set a two-part test for who counts as an independent contractor under the Fair Labor Standards Act. The hiring party must not exercise 'significant control' over how the work is done. The worker must also face the risks and opportunities of running a business. The bill would bar using factors like required insurance, stricter safety rules, or deadlines to label someone a contractor. The same test would apply for some National Labor Relations Board decisions.

Narrower joint-employer and franchisor rules

If enacted, an entity would be a joint employer only if it directly and actually controls core job terms like hiring, pay, day-to-day supervision, schedules, or discipline. The bill would also say franchisors providing training or requiring policies on harassment, trafficking, workplace violence, or leave do not by themselves make the franchisor the employer of franchisee workers.

NLRA coverage for tribal employers

If enacted, the bill would extend National Labor Relations Act protections to Indian Tribes and tribal enterprises on Indian lands. The bill would define 'Indian Tribe,' 'Indian,' and 'Indian lands' for applying the Act.

Union vote privacy and dues opt-in

If enacted, union representatives would be chosen by secret ballot in elections run by the NLRB. After the Board sets an election, employers must give unions a list of unit employees and one contact method each, usually in a searchable file. Labor organizations could use that data only for representation and must protect it. The bill would bar employees without lawful immigration status from voting in NLRB, LMRA, or LMRDA secret-ballot elections. It would also bar unions from using dues for non-bargaining activities unless an employee gives written authorization after at least 35 days; that authorization would expire within one year and cannot auto-renew.

Option to negotiate individually in some States

If enacted, the bill would create 'independent negotiating' in States that bar agreements requiring union membership or payments. An employee who stops union membership or payments could negotiate individually and be treated as outside the represented unit. The bill would make some union actions to represent or pressure such employees into unfair labor practices.

Limits on DEI mandates and employer actions

If enacted, collective bargaining agreements could not require diversity, equity, or inclusion programs unless a federal, state, or local law already requires them. The bill would also say employers could take steps to stop discriminatory or harassing language or conduct, including during organizing campaigns or strikes.

Sponsors & CoSponsors

Sponsor

Scott, Tim [R-SC]

SC • R

Cosponsors

  • Sen. Tuberville, Tommy [R-AL]

    AL • R

    Sponsored 10/8/2025

  • Sen. Cramer, Kevin [R-ND]

    ND • R

    Sponsored 10/8/2025

  • Sen. Barrasso, John [R-WY]

    WY • R

    Sponsored 10/8/2025

  • Sen. Hyde-Smith, Cindy [R-MS]

    MS • R

    Sponsored 10/8/2025

  • Sen. Crapo, Mike [R-ID]

    ID • R

    Sponsored 10/8/2025

  • Sen. Risch, James E. [R-ID]

    ID • R

    Sponsored 10/8/2025

  • Sen. Hoeven, John [R-ND]

    ND • R

    Sponsored 10/8/2025

  • Sen. Britt, Katie Boyd [R-AL]

    AL • R

    Sponsored 10/8/2025

  • Sen. Boozman, John [R-AR]

    AR • R

    Sponsored 10/21/2025

  • Rep. Mullin, Markwayne [R-OK-2]

    OK • R

    Sponsored 10/21/2025

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation