Truth in Employment Act

Bill name: Truth in Employment Act
H.R. 5178, Sponsored by Rep. Rick Allen (R-GA)

Background: The Truth in Employment Act seeks to target a coercive labor union organizing tactic known as “salting,” when one or more union organizers use deception or harassment to seek employment at a business that they intend to unionize.  Salting can create a legal quandary for small business owners when determining whether to hire an individual who, per the bill’s findings, “seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business.”

Should the union organizer not be hired, that individual could file an “unfair labor practice” charge against the employer – a costly and time-consuming legal process for small employers. Per Kristen Swearingen of Associated Builders and Contractors, “Salting is not merely an organizing tool—it has become an instrument of economic destruction aimed at nonunion companies.”

The Truth in Employment Act would amend the National Labor Relations Act (NLRA) to make clear that an employer does not have to hire an individual that seeks employment for union organizing purposes.

In a statement upon introduction of the bill, Rep. Allen said, “The Truth in Employment Act would protect both employers and employees by clarifying language in the National Labor Relations Act so that no employer is forced into hiring a ‘salt,’ and can instead use precious time and resources to hire employees who are there to actually work, especially important in this already difficult hiring environment.”

Bill Status:  The Truth in Employment Act was introduced in September 202 and referred to the House Committee on Education and Labor.

Additional resources:

PRESS RELEASE: “Rep. Rick Allen Introduces the Truth in Employment Act”
September 8, 2021, allen.house.gov

ABC-Supported Truth in Employment Act Introduced in the House to End ‘Salting’ Practices
September 8, 2021
Newsline, Associated Builders and Contractors

BACKGROUNDER: Salting & the Truth In Employment Act
National Right to Work Committee