II 

118TH CONGRESS 

1ST SESSION S. 1201 

To reform the labor laws of the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 19, 2023 

Mr. SCOTT of South Carolina (for himself, Mr. CRAMER, Mr. CASSIDY, Ms. 

LUMMIS, Mr. BRAUN, Mr. JOHNSON, Mr. THUNE, Mrs. HYDE-SMITH, 

Mr. HAGERTY, Mr. BUDD, Mr. TUBERVILLE, Mr. CRAPO, Mr. RISCH, 

Mr. LEE, Mr. BARRASSO, and Mr. CORNYN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To reform the labor laws of the United States, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Employee Rights Act’’. 

5 SEC. 2. ENHANCED EMPLOYEE RIGHTS. 

6 Section 9(a) of the National Labor Relations Act (29 

7 U.S.C. 159(a)) is amended by striking ‘‘designated or se8 lected for the purposes of collective bargaining’’ and inVerDate Sep 11 2014 22:40 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 serting ‘‘for the purposes of collective bargaining selected 

2 by secret ballot, in an election conducted by the Board,’’. 

3 SEC. 3. EMPLOYEE PRIVACY. 

4 (a) NOTICE OF RIGHTS AND PROTECTIONS; VOTER

5 REGISTRATION LISTS.—Section 8 of the National Labor 

6 Relations Act (29 U.S.C. 158) is amended by adding at 

7 the end the following: 

8 ‘‘(h)(1) Whenever the Board directs an election under 

9 section 9(c) or approves an election agreement, the em10 ployer of employees in the bargaining unit shall, not later 

11 than two business days after the Board directs such elec12 tion or approves such election agreement, provide a voter 

13 list to a labor organization that has petitioned to represent 

14 such employees. Such voter list shall include the names 

15 of all employees in the bargaining unit and not more than 

16 one additional form of personal contact information for 

17 the employee (such as a telephone number, an email ad18 dress, or a mailing address) chosen by the employee in 

19 writing. The voter list shall be provided in a searchable 

20 electronic format generally approved by the Board unless 

21 the employer certifies that the employer does not possess 

22 the capacity to produce the list in the required form. Not 

23 later than nine months after the date of enactment of the 

24 Employee Rights Act, the Board shall promulgate regula25 tions implementing the requirements of this paragraph. 


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1 ‘‘(2) It shall be an unfair labor practice for an em2 ployer to violate any requirement under paragraph (1).’’. 

3 (b) LABOR ORGANIZATION USE OF PERSONAL IN4 FORMATION.—Section 8(b) of the National Labor Rela5 tions Act (29 U.S.C. 158(b)) is amended— 

6 (1) in paragraph (6), by striking ‘‘; and’’ and 

7 inserting a semicolon; 

8 (2) in paragraph (7), by striking ‘‘8(b).’’ and 

9 inserting ‘‘8(b); and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(8) to fail to protect the personal information 

12 of an employee received for an organizing drive, to 

13 use such information for any reason other than a 

14 representation proceeding, or to use such informa15 tion after the conclusion of a representation pro16 ceeding.’’. 

17 (c) RIGHT NOT TO SUBSIDIZE LABOR ORGANIZA18 TION NONREPRESENTATIONAL ACTIVITIES.—Title I of 

19 the Labor-Management Reporting and Disclosure Act of 

20 1959 (29 U.S.C. 411 et seq.) is amended by adding at 

21 the end the following: 

22 ‘‘SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZA23 TION NONREPRESENTATIONAL ACTIVITIES. 

24 ‘‘No employee’s labor organization dues, fees, assess25 ments, or other contributions shall be used or contributed 


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1 to any person, organization, or entity for any purpose not 

2 directly related to the labor organization’s collective bar3 gaining or contract administration functions on behalf of 

4 the represented unit employee unless the employee mem5 ber, or nonmember required to make such payments as 

6 a condition of employment, authorizes such expenditure in 

7 writing, after a notice period of not less than 35 days. 

8 An initial authorization provided by an employee under 

9 the preceding sentence shall expire not later than 1 year 

10 after the date on which such authorization is signed by 

11 the employee. There shall be no automatic renewal of an 

12 authorization under this section.’’. 

13 SEC. 4. EMPLOYMENT RELATIONSHIPS. 

14 (a) AMENDMENTS TO THE FAIR LABOR STANDARDS

15 ACT OF 1938 TO HARMONIZE THE DEFINITION OF EM16 PLOYEE.— 

17 (1) DEFINITION OF EMPLOYEE.—Section 

18 3(e)(1) of the Fair Labor Standards Act of 1938 

19 (29 U.S.C. 203(e)(1)) is amended by inserting be20 fore the period the following: ‘‘, as determined under 

21 the usual common law rules’’. 

22 (2) DEFINITION OF EMPLOY.—Section 3(g) of 

23 the Fair Labor Standards Act of 1938 (29 U.S.C. 

24 203(g)) is amended by inserting ‘‘an employee’’ after 

25 ‘‘permit’’. 


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1 (b) CLARIFICATION OF JOINT EMPLOYMENT.— 

2 (1) NATIONAL LABOR RELATIONS ACT.—Sec3 tion 2(2) of the National Labor Relations Act (29 

4 U.S.C. 152(2)) is amended— 

5 (A) by striking ‘‘The term ‘employer’ ’’ and 

6 inserting ‘‘(A) The term ‘employer’ ’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(B) An employer may be considered a 

9 joint employer of the employees of another em10 ployer only if each employer directly, actually, 

11 and immediately, and not in a limited and rou12 tine manner, exercises significant control over 

13 the essential terms and conditions of employ14 ment of the employees of the other employer, 

15 such as hiring such employees, discharging such 

16 employees, determining the rate of pay and ben17 efits of such employees, supervising such em18 ployees on a day-to-day basis, assigning such 

19 employees a work schedule, position, or task, or 

20 disciplining such employees.’’. 

21 (2) FAIR LABOR STANDARDS ACT OF 1938.— 

22 Section 3(d) of the Fair Labor Standards Act of 

23 1938 (29 U.S.C. 203(d)) is amended— 

24 (A) by striking ‘‘ ‘Employer’ includes’’ and 

25 inserting ‘‘(1) ‘Employer’ includes’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(2) An employer may be considered a joint 

3 employer of the employees of another employer for 

4 purposes of this Act only if each employer meets the 

5 criteria set forth in section 2(2)(B) of the National 

6 Labor Relations Act (29 U.S.C. 152(2)(B)) except 

7 that, for purposes of determining joint-employer sta8 tus under this Act, the terms ‘employee’ and ‘em9 ployer’ referenced in such section shall have the 

10 meanings given such terms in this section.’’. 

11 (c) PROVISION OF TECHNICAL ASSISTANCE.—Not12 withstanding any other provision of law, under the Fair 

13 Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), 

14 the National Labor Relations Act (29 U.S.C. 151 et seq.), 

15 or any other Federal law, none of the following may be 

16 construed, alone or in combination with any other factor, 

17 as establishing an employer and employee relationship be18 tween a franchisor (or any employee of the franchisor) and 

19 a franchisee (or any employee of the franchisee): 

20 (1) The franchisor (or any employee of the 

21 franchisor) provides the franchisee (or any employee 

22 of the franchisee) with, or requires such franchisee 

23 (or any employee of the franchisee) to use, a hand24 book, or other training, on sexual harassment, 

25 human trafficking, workplace violence, discriminaVerDate Sep 11 2014 22:40 Apr 21, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1201.IS S1201

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1 tion, or opportunities for apprenticeships or scholar2 ships. 

3 (2) The franchisor (or any employee of the 

4 franchisor) requires the franchisee (or any employee 

5 of the franchisee) to adopt a policy on sexual harass6 ment, human trafficking, workplace violence, dis7 crimination, opportunities for apprenticeships or 

8 scholarships, child care, or paid leave, including a 

9 requirement for such franchisee (or any employee of 

10 the franchisee) to report to the franchisor (or any 

11 employee of the franchisor) any violations or sus12 pected violations of such policy. 

13 SEC. 5. TRIBAL SOVEREIGNTY. 

14 Section 2 of the National Labor Relations Act (29 

15 U.S.C. 152), as amended by section 4(b)(1), is further 

16 amended— 

17 (1) in paragraph (2)(A), by inserting ‘‘or any 

18 Indian Tribe, or any enterprise or institution owned 

19 and operated by an Indian Tribe and located on its 

20 Indian lands,’’ after ‘‘subdivision thereof,’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(15) The term ‘Indian Tribe’ means any In23 dian Tribe, band, nation, pueblo, or other organized 

24 group or community which is recognized as eligible 

25 for the special programs and services provided by 


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1 the United States to Indians because of their status 

2 as Indians. 

3 ‘‘(16) The term ‘Indian’ means any individual 

4 who is a member of an Indian Tribe. 

5 ‘‘(17) The term ‘Indian lands’ means— 

6 ‘‘(A) all lands within the limits of any In7 dian reservation; 

8 ‘‘(B) any lands title to which is either held 

9 in trust by the United States for the benefit of 

10 any Indian Tribe or Indian or held by any In11 dian Tribe or Indian subject to restriction by 

12 the United States against alienation; and 

13 ‘‘(C) any lands in the State of Oklahoma 

14 that are within the boundaries of a former res15 ervation (as defined by the Secretary of the In16 terior) of a federally recognized Indian Tribe.’’. 

Æ 


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