I 
119TH CONGRESS 
1ST SESSION H. R. 4154 
To reform the labor laws of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2025 
Mr. ALLEN (for himself, Mr. WILSON of South Carolina, Mr. CARTER of Geor-
gia, Mr. BEAN of Florida, Mr. NORMAN, Mr. ONDER, Mr. JACK, Mr. 
MOOLENAAR, and Mr. ROSE) introduced the following bill; which was re-
ferred to the Committee on Education and Workforce, and in addition 
to the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To reform the labor laws of the United States, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Employee Rights Act’’. 
SEC. 2. ENHANCED EMPLOYEE RIGHTS FOR LAWFUL WORK-
ERS. 
Section 9(a) of the National Labor Relations Act (29 
U.S.C. 159(a)) is amended by striking ‘‘designated or se-
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lected for the purposes of collective bargaining’’ and in-
serting ‘‘, for the purposes of collective bargaining selected 
by secret ballot of employees in an election conducted by 
the Board,’’. 
SEC. 3. UNION VOTING FOR EMPLOYEES WHO DO NOT 
HAVE LAWFUL STATUS. 
(a) NATIONAL LABOR RELATIONS ACT.—Section 9 
of the National Labor Relations Act (29 U.S.C. 159) is 
amended by adding at the end the following: 
‘‘(f) Any employee who does not have lawful status 
under the immigration laws (as such term is defined in 
section 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)) shall not— 
‘‘(1) be eligible to vote in any election (includ-
ing an election by a secret ballot) conducted by the 
Board under this section, and any vote cast by such 
an employee in any such election shall not be valid; 
or 
‘‘(A) be considered an employee for the pur-
poses of any petition described in subsection (c) or 
(e).’’. 
(b) LABOR MANAGEMENT RELATIONS ACT.—Section 
209(b) of the Labor Management Relations Act, 1947 (29 
U.S.C. 179(b)) is amended by adding at the end the fol-
lowing: ‘‘Any such employee who does not have lawful sta-
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tus under the immigration laws (as such term is defined 
in section 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)) shall not be entitled to vote in any such 
secret ballot.’’. 
(c) LABOR-MANAGEMENT REPORTING AND DISCLO-
SURE ACT.—Section 401 of the Labor-Management Re-
porting and Disclosure Act of 1959 (29 U.S.C. 481) is 
amended by adding at the end the following: 
‘‘(j) Any employee who does not have lawful status 
under the immigration laws (as such term is defined in 
section 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)) and who is a member of a labor organiza-
tion shall not be entitled to vote in any election conducted 
by a labor organization under this section.’’. 
SEC. 4. EMPLOYEE PRIVACY. 
(a) NOTICE OF RIGHTS AND PROTECTIONS; VOTER 
REGISTRATION LISTS.—Section 8 of the National Labor 
Relations Act (29 U.S.C. 158) is amended by adding at 
the end the following: 
‘‘(h)(1) Whenever the Board directs an election under 
section 9(c) or approves an election agreement, the em-
ployer of employees in the bargaining unit shall, after the 
Board directs such election or approves such election 
agreement, provide a voter list to a labor organization that 
has petitioned to represent such employees. Such voter list 
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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 (such as a telephone 
number, an email address, or a mailing address) chosen 
by the employee in writing. 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 
form. Not later than nine months after the date of enact-
ment of the Employee Rights Act, the Board shall promul-
gate regulations implementing the requirements of this 
paragraph. 
‘‘(2) It shall be an unfair labor practice for an em-
ployer to violate any requirement under this subsection.’’. 
(b) LABOR ORGANIZATION USE OF PERSONAL IN-
FORMATION.—Section 8(b) of the National Labor Rela-
tions Act (29 U.S.C. 158(b)) is amended— 
(1) in paragraph (6), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (7)(C), by striking ‘‘services.’’ 
and inserting ‘‘services;’’; 
(3) in the matter following paragraph (7)— 
(A) by adjusting the margin two ems to 
the left; and 
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(B) by striking ‘‘Nothing in this para-
graph’’ and inserting ‘‘Nothing in paragraph’’; 
and 
(4) by inserting after subparagraph (C) of 
paragraph (7), as so amended, the following: 
‘‘(8) to fail to protect the personal information 
of an employee received for an organizing drive, to 
use such information for any reason other than a 
representation proceeding, or to use such informa-
tion after the conclusion of a representation pro-
ceeding;’’. 
(c) RIGHT NOT TO SUBSIDIZE LABOR ORGANIZA-
TION NONREPRESENTATIONAL ACTIVITIES.—Title I of 
the Labor-Management Reporting and Disclosure Act of 
1959 (29 U.S.C. 411 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZA-
TION NONREPRESENTATIONAL ACTIVITIES. 
‘‘No employee’s labor organization dues, fees, assess-
ments, or other contributions shall be used or contributed 
to any person, organization, or entity for any purpose not 
directly related to the labor organization’s collective bar-
gaining or contract administration functions on behalf of 
the represented unit employee unless the employee mem-
ber, or nonmember required to make such payments as 
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a condition of employment, authorizes such expenditure in 
writing, after a notice period of not less than 35 days. 
An initial authorization provided by an employee under 
the preceding sentence shall expire not later than 1 year 
after the date on which such authorization is signed by 
the employee. There shall be no automatic renewal of an 
authorization under this section.’’. 
SEC. 5. EMPLOYMENT RELATIONSHIPS. 
(a) CRITERIA FOR DETERMINING EMPLOYEE STATUS 
UNDER THE FAIR LABOR STANDARDS ACT.—Section 3(e) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)) is amended— 
(1) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (3), (4), and (5), respectively; 
(2) in paragraph (1), by striking ‘‘paragraphs 
(2), (3), and (4)’’ and inserting ‘‘paragraphs (3), 
(4), and (5)’’; and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2)(A) An individual shall be determined to be an 
independent contractor rather than an employee of an-
other person if— 
‘‘(i) such other person does not exercise signifi-
cant control over the details of the way the work is 
performed by the individual, without regard to any 
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control the other person may exercise over the final 
result of the work performed; and 
‘‘(ii) while performing such work, the individual 
has the opportunities and risks inherent with entre-
preneurship, such as the discretion to exercise mana-
gerial skill, business acumen, or professional judg-
ment. 
‘‘(B) The following factors may not be used in deter-
mining that an individual is an employee of another per-
son: 
‘‘(i) Whether such other person requires the in-
dividual to comply with legal, statutory, or regu-
latory requirements. 
‘‘(ii) Whether such other person requires the in-
dividual to comply with health and safety standards 
that are more stringent than otherwise applicable 
health and safety standards. 
‘‘(iii) Whether such other person requires the 
individual to carry insurance of any kind. 
‘‘(iv) Whether such other person requires the 
individual to meet contractually agreed-upon per-
formance standards, such as deadlines.’’. 
(b) Section 2(3) of the National Labor Relations Act 
(29 U.S.C. 152(3)) is amended— 
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(1) by striking ‘‘(3) The term ‘employee’ shall’’ 
and inserting the following: 
‘‘(3)(A) The term ‘employee’ shall’’; and 
(2) by adding at the end the following: 
‘‘(B) Section 3(e)(2) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(e)(2)) 
shall be used in determining whether an indi-
vidual is an independent contractor or an em-
ployee of another person.’’. 
(c)(1) NATIONAL LABOR RELATIONS ACT.—Section 
2(2) of the National Labor Relations Act (29 U.S.C. 
152(2)) is amended— 
(A) by striking ‘‘The term ‘employer’ ’’ and 
inserting ‘‘(A) The term ‘employer’ ’’; and 
(B) by adding at the end the following: 
‘‘(B) An employer may be considered a 
joint employer of the employees of another em-
ployer only if each employer directly, actually, 
and immediately, and not in a limited and rou-
tine manner, exercises significant control over 
the essential terms and conditions of employ-
ment of the employees of the other employer, 
such as hiring such employees, discharging such 
employees, determining the rate of pay and ben-
efits of such employees, supervising such em-
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ployees on a day-to-day basis, assigning such 
employees a work schedule, position, or task, or 
disciplining such employees.’’. 
(2) FAIR LABOR STANDARDS ACT OF 1938.— 
Section 3(d) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 203(d)) is amended— 
(A) by striking ‘‘ ‘Employer’ includes’’ and 
inserting ‘‘(1) ‘Employer’ includes’’; and 
(B) by adding at the end the following: 
‘‘(2) 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 2(2)(B) of the National 
Labor Relations Act (29 U.S.C. 152(2)(B)) except 
that, for purposes of determining joint-employer sta-
tus under this Act, the terms ‘employee’ and ‘em-
ployer’ referenced in such section shall have the 
meanings given such terms in this section.’’. 
(d) PROVISION OF TECHNICAL ASSISTANCE.—Not-
withstanding any other provision of law, under the Fair 
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), 
the National Labor Relations Act (29 U.S.C. 151 et seq.), 
or any other Federal law, none of the following may be 
construed, alone or in combination with any other factor, 
as establishing an employer and employee relationship be-
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tween a franchisor (or any employee of the franchisor) and 
a franchisee (or any employee of the franchisee): 
(1) The franchisor (or any employee of the 
franchisor) provides the franchisee (or any employee 
of the franchisee) with, or requires such franchisee 
(or any employee of the franchisee) to use, a hand-
book, or other training, on sexual harassment, 
human trafficking, workplace violence, discrimina-
tion, or opportunities for apprenticeships or scholar-
ships. 
(2) The franchisor (or any employee of the 
franchisor) requires the franchisee (or any employee 
of the franchisee) to adopt a policy on sexual harass-
ment, human trafficking, workplace violence, dis-
crimination, opportunities for apprenticeships or 
scholarships, child care, or paid leave, including a 
requirement for such franchisee (or any employee of 
the franchisee) to report to the franchisor (or any 
employee of the franchisor) any violations or sus-
pected violations of such policy. 
SEC. 6. TRIBAL SOVEREIGNTY. 
Section 2 of the National Labor Relations Act (29 
U.S.C. 152) is amended— 
(1) in paragraph (2), by inserting ‘‘or any In-
dian Tribe, or any enterprise or institution owned 
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and operated by an Indian Tribe and located on its 
Indian lands,’’ after ‘‘subdivision thereof,’’; and 
(2) by adding at the end the following: 
‘‘(15) The term ‘Indian Tribe’ means any In-
dian Tribe, band, nation, pueblo, 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 Indians. 
‘‘(16) The term ‘Indian’ means any individual 
who is a member of an Indian Tribe. 
‘‘(17) The term ‘Indian lands’ means— 
‘‘(A) all lands within the limits of any In-
dian reservation; 
‘‘(B) 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 In-
dian Tribe or Indian subject to restriction by 
the United States against alienation; and 
‘‘(C) any lands in the State of Oklahoma 
that are within the boundaries of a former res-
ervation (as defined by the Secretary of the In-
terior) of a Federally recognized Indian Tribe.’’. 
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(b) EXCLUSION OF WORKERS ENGAGED IN INDE-
PENDENT NEGOTIATING FROM REPRESENTATION.—Sec-
tion 9(a) of such Act (29 U.S.C. 159(a)) is amended— 
(1) by inserting ‘‘(other than any employee who 
has elected to engage in independent negotiating)’’ 
after ‘‘all the employees’’; 
(2) by inserting ‘‘, in a State or Territory that 
is not a covered State,’’ before ‘‘any individual’’; and 
(3) by inserting ‘‘and, in a covered State, an in-
dividual employee shall engage in independent nego-
tiating with their employer if such employee has 
ceased to be a member of a labor organization or 
pay an exclusive representative’’ after ‘‘in effect’’. 
(c) INDEPENDENT
NEGOTIATING
AND
COVERED 
STATE DEFINED.—Section 2 of such Act (29 U.S.C. 152) 
is further amended by adding at the end the following: 
‘‘(18) The term ‘independent negotiating’ 
means, in a unit located in a covered State with an 
exclusive representative for the purposes of collective 
bargaining, negotiating between an employer and an 
individual employee as though such employee were 
not in such a unit and without regard to the exist-
ence of a collective-bargaining contract or agree-
ment. 
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‘‘(19) The term ‘covered State’ means a State 
or Territory which prohibits the execution or appli-
cation of agreements requiring membership in, or 
payment to, a labor organization as a condition of 
employment.’’. 
SEC. 8. DIVERSITY, EQUITY, OR INCLUSION. 
Section 8(b) of the National Labor Relations Act (29 
U.S.C. 158(b)) is further amended by inserting after para-
graph (12), as added by section 7(a)(2) of this Act, the 
following: 
‘‘(12) to include any provision in a collective 
bargaining agreement that mandates or promotes di-
versity, equity, or inclusion initiatives, including 
preferences, mandates, policies, programs, activities, 
or guidance related to personal characteristics of an 
individual and is not related to the qualifications or 
performance required for a job, unless such initia-
tives are required by Federal, State, or local law.’’. 
SEC. 9. FREEDOM FROM UNION VIOLENCE ACT. 
Section 1951 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 1951. Interference with commerce by threats or vi-
olence 
‘‘(a) PROHIBITION.—Except as provided in sub-
section (c), whoever in any way or degree obstructs, 
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delays, or affects commerce or the movement of any article 
or commodity in commerce, by robbery or extortion, or at-
tempts or conspires so to do, 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 
section, shall be fined not more than $100,000, imprisoned 
for a term of not more than 20 years, or both. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘commerce’ means any— 
‘‘(A) commerce within the District of Co-
lumbia, or any territory or possession of the 
United States; 
‘‘(B) commerce between any point in a 
State, territory, possession, or the District of 
Columbia and any point outside thereof; 
‘‘(C) commerce between points within the 
same State through any place outside that 
State; and 
‘‘(D) other commerce over which the 
United States has jurisdiction; 
‘‘(2) the term ‘extortion’ means the obtaining of 
property from any person, with the consent of that 
person, if that consent is induced— 
‘‘(A) by actual or threatened use of force 
or violence, or fear thereof; 
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‘‘(B) by wrongful use of fear not involving 
force or violence; or 
‘‘(C) under color of official right; 
‘‘(3) the term ‘labor dispute’ has the same 
meaning as in section 2(9) of the National Labor 
Relations Act (29 U.S.C. 152(9)); and 
‘‘(4) the term ‘robbery’ means the unlawful tak-
ing or obtaining of personal property from the per-
son or in the presence of another, against his or her 
will, by means of actual or threatened force or vio-
lence, or fear of injury, immediate or future— 
‘‘(A) to his or her person or property, or 
property in his or her custody or possession; or 
‘‘(B) to the person or property of a relative 
or member of his or her family, or of anyone in 
his or her company at the time of the taking or 
obtaining. 
‘‘(c) EXEMPTED CONDUCT.— 
‘‘(1) IN
GENERAL.—Subsection (a) does not 
apply to any conduct that— 
‘‘(A) is incidental to otherwise peaceful 
picketing during the course of a labor dispute; 
‘‘(B) consists solely of minor bodily injury, 
or minor damage to property, or threat or fear 
of such minor injury or damage; and 
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‘‘(C) is not part of a pattern of violent con-
duct or of coordinated violent activity. 
‘‘(2) STATE
AND
LOCAL
JURISDICTION.—Any 
violation of this section that involves any conduct de-
scribed in paragraph (1) shall be subject to prosecu-
tion only by the appropriate State and local authori-
ties. 
‘‘(d) EFFECT ON OTHER LAW.—Nothing in this sec-
tion shall be construed— 
‘‘(1) to repeal, amend, or otherwise affect— 
‘‘(A) section 6 of the Clayton Act (15 
U.S.C. 17); 
‘‘(B) section 20 of the Clayton Act (29 
U.S.C. 52); 
‘‘(C) 
any 
provision 
of 
the 
Norris- 
LaGuardia Act (29 U.S.C. 101 et seq.); 
‘‘(D) any provision of the National Labor 
Relations Act (29 U.S.C. 151 et seq.); or 
‘‘(E) any provision of the Railway Labor 
Act (45 U.S.C. 151 et seq.); or 
‘‘(2) to preclude Federal jurisdiction over any 
violation of this section, on the basis that the con-
duct at issue— 
‘‘(A) is also a violation of State or local 
law; or 
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