serting ‘‘for the purposes of collective bargaining selected 
by secret ballot in an election conducted by the Board,’’. 
SEC. 3. 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: 
‘‘(2) Whenever the Board directs an election 
under section 9(c) or approves an election agree-
ment, the employer of employees in the bargaining 
unit shall, not later than two business days after the 
Board directs such election or approves such election 
agreement, provide a voter list to a labor organiza-
tion that has petitioned to represent such employees. 
Such voter list shall include the names of all employ-
ees 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 em-
ployee in writing. The voter list shall be provided in 
a searchable electronic format generally approved by 
the Board unless the employer certifies that the em-
ployer does not possess the capacity to produce the 
list in the required form. Not later than nine months 
after the date of enactment of the Employee Rights 
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Act, the Board shall promulgate regulations imple-
menting the requirements of this paragraph. 
‘‘(3) It shall be an unfair labor practice for an 
employer to violate any requirement under this sub-
section.’’. 
(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’’ and 
inserting a semicolon; 
(2) in paragraph (7), by striking ‘‘8(b).’’ and 
inserting ‘‘8(b); and’’; and 
(3) by adding at the end 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: 
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‘‘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 
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. 4. EMPLOYMENT RELATIONSHIPS. 
(a) AMENDMENTS TO THE FAIR LABOR STANDARDS 
ACT OF 1938 TO HARMONIZE THE DEFINITION OF EM-
PLOYEE.— 
(1) 
DEFINITION
OF
EMPLOYEE.—Section 
3(e)(1) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(e)(1)) is amended by inserting be-
fore the period the following: ‘‘, as determined under 
the usual common law rules’’. 
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(2) DEFINITION OF EMPLOY.—Section 3(g) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(g)) is amended by inserting ‘‘an employee’’ after 
‘‘permit’’. 
(b) CLARIFICATION OF JOINT EMPLOYMENT.— 
(1) NATIONAL
LABOR
RELATIONS
ACT.—Sec-
tion 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-
ployees on a day-to-day basis, assigning such 
employees a work schedule, position, or task, or 
disciplining such employees.’’. 
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(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.’’. 
(c) 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-
tween a franchisor (or any employee of the franchisor) and 
a franchisee (or any employee of the franchisee): 
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