Posts tagged Employee Rights Act of 2025
The Union Members Who Never Voted for Their Union
September 10, 2024 // Reform federal labor law to require a secret-ballot election for unionization, as the Employee Rights Act would do. A 2022 survey showed that 70 percent of Americans — and 76 percent of union households — support this concept. At present, unions can succeed without support from a majority of its workforce when only a tiny portion of eligible employees vote in the election. For example, the NLRB is considering certifying an election in California in which just three employees out of 24 voted to unionize. A fourth voted against the union, and the rest did not vote. Federal labor law should require a quorum — such as two-thirds of all eligible voters — in order for an election result to be upheld. Such a requirement is popular: Eighty-four percent of Americans support this idea.

Labor Relations Radio E145: Did you know that 95% of unionized employees NEVER VOTED to unionize? I4AW’s Vinnie Vernuccio explains.
September 4, 2024 // As Americans, every two, four, or six years, we head to polls to cast our ballots for who we want to represent us. For unionized workers in the private sector, the vast majority never voted to unionize. According to a new study [in PDF] by the Institute for the American Worker (I4AW), 95 percent of private sector union workers under the National Labor Relations Act (NLRA) are represented by a union they have never voted for.
Opinion: Congress should reject the Democrats’ workplace micromanagement bill
May 14, 2024 // On May 2, Sens. Ed Markey (D-Mass.) and Tina Smith (D-Minn.) rolled out the Warehouse Worker Protection Act with Teamsters President Sean O’Brien, legislation that enacts a host of new government mandates on workplaces. Like the failed “Protecting the Right to Organize Act,” its end goal is to force more American workers into unions. The bill targets companies that use so-called “quotas,” framing attempts by employers to evaluate employee performance as inherently anti-worker. Despite the scary narratives progressives peddle, tracking employee performance is a common business practice, and employers use these metrics to ensure employees are operating safely and efficiently.
‘Independent Contractor’ Rule Latest Dumpster Fire Exported From California
January 31, 2024 // One of those infamous policies and the havoc it’s bound to wreak has gone national, thanks to labor department rules issued by the Biden administration. A 339-page Department of Labor rule – you can always count on the federal government to keep it pithy – would make it much harder to be an independent contractor or freelance worker in America. Created to replace a simpler Trump-era rule, it’s modeled on AB5, a disastrous 2019 California law that made independent contracting and freelance work so hard to do that it effectively outlawed it in the Golden State.
Despite Biden’s Efforts to Empower Unions, Membership Rates and Wage Advantages Fall to All-Time Lows
January 24, 2024 // So, why have unionization rates and union wages been falling despite significant union-organizing efforts at places such as Starbucks, Amazon and Trader Joe’s, as well as President Joe Biden’s “whole of government” approach toward increasing unionization? Primarily, it’s because unions aren’t providing things that workers want or need. Many workers don’t like unions spending their dues on politics instead of representation, their not infrequent deception and coercion to gain support or their rigid structures that impede flexibility and prohibit performance-based pay. Meanwhile, by engaging directly with their employers, workers have been able to achieve stronger wage gains (albeit entirely erased by inflation), increased workplace flexibility, expanded benefits (such as paid family leave) and a multitude of educational opportunities.

Commentary: States should protect workers from Democrats’ latest assault on their rights
January 19, 2024 // Ending the secret ballot is just one of the ways these Senate Democrats are trying to deprive workers of their rights. They ultimately want automakers to sign a so-called neutrality agreement. As I’ve documented, such agreements typically do three things. The first is to gut the secret ballot in favor of card check. Second, they give unions the personal information of every worker at a company — another violation of privacy and another invitation to intimidation. Finally, neutrality agreements put a gag order on companies, prohibiting them from talking to their workers about unionization. Yet that violates workers’ right to the full information they need to make the best choice. And that’s exactly why unions want to shut companies up — because it makes workers easier to control.
GOP Reps: Biden’s New Rule Rips Freedom Away from Workers, Small Businesses | Opinion
January 17, 2024 // Biden's rule on independent contractors circumvents Congress, the people's representation, to enact a disastrous policy similar to that in California's Assembly Bill 5 (AB5) and the Protecting the Right to Organize (PRO) Act. AB5, enacted in January 2020, led to countless Californians who were working as freelance employees losing their income mere weeks before the COVID pandemic. The radical PRO Act would take away independent contractors' ability to work how they see fit. Taking these failed far-Left policies nationwide would devastate millions of American businesses by depriving individuals of entrepreneurial opportunities, the ability to set their own hours, and the flexibility to care for their families the way it suits them.

Commentary: Biden’s Independent-Contracting Rule Destroys Worker Independence
January 16, 2024 // A recent regulatory change by the Biden administration is so poorly designed, there’s no telling exactly how many workers will be hurt.
Op-Ed: Biden’s joint-employer rule is bad for workers
November 9, 2023 // Included in the Employee Rights Act are the commonsense provisions of the Save Local Business Act, which would provide much-needed clarity in determining joint-employer status and prevent franchise owners from becoming corporate middle managers. More specifically, the bills amend the National Labor Relations Act and the Fair Labor Standards Act to clarify that two or more employers must have “actual, direct, and immediate” control over employees to be considered joint employers. It rolls back a convoluted joint-employer scheme that threatens job creation and undermines the American dream, and it restores a commonsense definition of employer to provide certainty and stability for workers and job creators. Simply put, the Employee Rights Act seeks to update our nation’s labor policies to match the needs of the 21st-century worker and workforce.

Big Labor Is an Economic and Political Dead End
October 26, 2023 // While misguided faux populists like Senator Hawley adopt the policy positions of union leaders who want to force as many workers as possible to fund their self-interested political agenda, other Republicans should stand with workers and co-sponsor the Employee Rights Act. It would protect workers’ right to secret-ballot union elections, the right of freelancers to remain independent (as the vast majority prefer), and allow workers to decide for themselves whether they wish to share personal information with union organizers or support union political spending. Too often, labor issues are inaccurately described as having two sides: “union” and “management.” But this populist moment is the perfect time for Congress to stand up for the oft-forgotten but most important third group: actual workers. The Employee Rights Act would be the perfect start. In the face of President Biden’s advancing radical agenda and some Republicans’ erroneously gravitating towards it, this pro-worker legislation can’t be enacted a moment too soon.