Employee Rights Act
Latest action · Apr 28, 2023 Sponsor introductory remarks on measure. (CR H2104)
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedApr 19, 2023
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
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.
Cosponsors 88
Members who signed on, in the order they did. Signatures ran from Apr 19, 2023 to Dec 11, 2024; 21 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-GA | A. Drew Ferguson IV | Original | Apr 19, 2023 |
| R-GA | Austin Scott | Original | Apr 19, 2023 |
| R-GA | Barry Loudermilk | Original | Apr 19, 2023 |
| R-VA | Bob Good | Original | Apr 19, 2023 |
| R-UT | Burgess Owens | Original | Apr 19, 2023 |
| R-TX | Dan Crenshaw | Original | Apr 19, 2023 |
| R-PA | Daniel Meuser | Original | Apr 19, 2023 |
| R-SD | Dusty Johnson | Original | Apr 19, 2023 |
| R-GA | Earl L. "Buddy" Carter | Original | Apr 19, 2023 |
| R-IN | Erin Houchin | Original | Apr 19, 2023 |
| R-KS | Jake LaTurner | Original | Apr 19, 2023 |
| R-KY | James Comer | Original | Apr 19, 2023 |
| R-SC | Jeff Duncan | Original | Apr 19, 2023 |
| R-SC | Joe Wilson | Original | Apr 19, 2023 |
| R-MI | John R. Moolenaar | Original | Apr 19, 2023 |
| R-IL | Mary E. Miller | Original | Apr 19, 2023 |
| R-SC | Ralph Norman | Original | Apr 19, 2023 |
| R-TX | Randy K. Weber, Sr. | Original | Apr 19, 2023 |
| R-NC | Richard Hudson | Original | Apr 19, 2023 |
| R-FL | Scott Franklin | Original | Apr 19, 2023 |
| R-OK | Tom Cole | Original | Apr 19, 2023 |
| R-MO | Eric Burlison | Apr 24, 2023 | |
| R-CO | Lauren Boebert | Apr 24, 2023 | |
| R-PA | Lloyd Smucker | Apr 24, 2023 | |
| R-MS | Mike Ezell | Apr 24, 2023 | |
| R-KS | Tracey Mann | Apr 24, 2023 | |
| R-SC | Nancy Mace | Apr 25, 2023 | |
| R-WI | Scott Fitzgerald | Apr 25, 2023 | |
| R-AL | Barry Moore | Apr 28, 2023 | |
| R-LA | Julia Letlow | Apr 28, 2023 | |
| R-TX | Keith Self | Apr 28, 2023 | |
| R-NE | Adrian Smith | May 17, 2023 | |
| R-TX | Pete Sessions | Jun 5, 2023 | |
| R-KY | Andy Barr | Jul 18, 2023 | |
| R-TX | Brian Babin | Jul 18, 2023 | |
| R-NC | David Rouzer | Jul 18, 2023 | |
| R-AZ | Debbie Lesko | Jul 18, 2023 | |
| R-TN | Diana Harshbarger | Jul 18, 2023 | |
| R-CA | Doug LaMalfa | Jul 18, 2023 | |
| R-CO | Doug Lamborn | Jul 18, 2023 | |
| R-CA | Jay Obernolte | Jul 18, 2023 | |
| R-FL | Kat Cammack | Jul 18, 2023 | |
| R-FL | Laurel M. Lee | Jul 18, 2023 | |
| R-NY | Elise M. Stefanik | Jul 20, 2023 | |
| R-GA | Mike Collins | Jul 20, 2023 | |
| R-AL | Jerry L. Carl | Jul 26, 2023 | |
| R-OK | Kevin Hern | Aug 22, 2023 | |
| R-CA | Michelle Steel | Aug 22, 2023 | |
| R-IA | Ashley Hinson | Sep 5, 2023 | |
| R-TN | Mark E. Green | Sep 5, 2023 | |
| R-GA | Richard McCormick | Sep 12, 2023 | |
| R-TN | Andrew Ogles | Oct 17, 2023 | |
| R-SC | William R. Timmons IV | Oct 24, 2023 | |
| R-FL | Gus M. Bilirakis | Oct 26, 2023 | |
| R-TX | Kay Granger | Nov 1, 2023 | |
| R-FL | W. Gregory Steube | Nov 13, 2023 | |
| R-MS | Michael Guest | Dec 11, 2023 | |
| R-TX | Beth Van Duyne | Feb 5, 2024 | |
| R-GA | Marjorie Taylor Greene | Feb 5, 2024 | |
| R-MO | Mark Alford | Feb 5, 2024 | |
| R-AL | Dale W. Strong | Mar 21, 2024 | |
| R-TX | Roger Williams | Apr 16, 2024 | |
| R-FL | Aaron Bean | Apr 30, 2024 | |
| R-AZ | Paul A. Gosar | May 7, 2024 | |
| R-FL | Neal P. Dunn | May 14, 2024 | |
| R-WI | Thomas P. Tiffany | May 14, 2024 | |
| R-TX | Tony Gonzales | Jul 8, 2024 | |
| R-SC | Russell Fry | Sep 3, 2024 | |
| R-OK | Stephanie I. Bice | Sep 3, 2024 | |
| R-OH | Brad R. Wenstrup | Sep 11, 2024 | |
| R-AR | J. French Hill | Sep 11, 2024 | |
| R-AZ | Elijah Crane | Sep 12, 2024 | |
| R-VA | Ben Cline | Sep 17, 2024 | |
| R-PA | Glenn Thompson | Sep 17, 2024 | |
| R-TX | Chip Roy | Oct 1, 2024 | |
| R-MD | Andy Harris | Oct 22, 2024 | |
| R-NC | Gregory F. Murphy | Oct 22, 2024 | |
| R-IN | James R. Baird | Oct 22, 2024 | |
| R-TN | Scott DesJarlais | Oct 22, 2024 | |
| R-WA | Cathy McMorris Rodgers | Oct 29, 2024 | |
| R-TN | Charles J. "Chuck" Fleischmann | Oct 29, 2024 | |
| R-ID | Russ Fulcher | Oct 29, 2024 | |
| R-OK | Josh Brecheen | Nov 15, 2024 | |
| R-TX | Lance Gooden | Nov 15, 2024 | |
| R-TX | John R. Carter | Dec 3, 2024 | |
| R-IN | Rudy Yakym III | Dec 3, 2024 | |
| R-IN | Larry Bucshon | Dec 6, 2024 | |
| R-AR | Steve Womack | Dec 11, 2024 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred Apr 19, 2023 |
Actions 3
Everything that happened, newest first.
- Apr 28, 2023Sponsor introductory remarks on measure. (CR H2104)
- Apr 19, 2023Introduced in House
- Apr 19, 2023Referred to the House Committee on Education and the Workforce.
In the Congressional Record 2
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H2104 | Rick W. Allen R-GA | Apr 28, 2023 |
| House | Lists H1887H.R. 2700–2732 | — | Apr 19, 2023 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 169, no. 65, April 19, 2023, page H1887.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 118-32 | PROTECTING WORKERS AND SMALL BUSINESSES FROM BIDEN'S ATTACK ON WORKER FREE CHOICE AND ECONOMIC GROWTH160 pages | Education and Workforce Committee | Dec 13, 2023 |
Related bills 4
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 1201 | Employee Rights Act | Identical bill | Apr 19, 2023 |
| S 1261 | Save Local Business Act | Related bill | Apr 25, 2023 |
| S 1328 | Tribal Labor Sovereignty Act of 2023 | Related bill | Apr 27, 2023 |
| HR 2826 | Save Local Business Act | Related bill | Apr 25, 2023 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To reform the labor laws of the United States, and for other purposes.
- Short Title(s) as Introduced
- Employee Rights Act
Subjects
Assigned by the Library of Congress. Policy area: Labor and Employment.
Text 1
Each version as it was printed, newest first.
- Apr 19, 2023Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.