# What the Employee Rights Act Actually Does

This bill makes major changes to how unions operate and how workers are classified in America. It touches on everything from who can vote in union elections to how much of your union dues can be spent on political causes you might not support.

The bill requires that union representatives be chosen through secret ballot elections rather than other methods, and it prevents workers without legal immigration status from voting in these elections or being counted when determining if a union should represent a workplace. It also creates new rules around how unions can use personal information about workers—requiring that any contact information collected during organizing campaigns can only be used for that specific purpose and must be deleted afterward. Workers can no longer be forced to pay union dues for activities unrelated to collective bargaining without giving written permission every year, and that permission automatically expires after twelve months.

On the employment side, the bill makes it harder for companies to be considered "joint employers" of workers employed by contractors or franchisees. This means fewer situations where multiple companies could be held responsible for labor violations. It also changes how independent contractors are classified, making it easier for workers to be classified as contractors rather than employees by focusing on whether the company controls how the work is done versus just the final result. In states that prohibit "right-to-work" agreements, the bill allows individual workers to negotiate their own employment terms separately from union contracts if they stop paying union dues.

The bill also restricts what unions can include in collective bargaining agreements, specifically prohibiting provisions related to diversity, equity, or inclusion initiatives unless required by law. It increases criminal penalties for violence during labor disputes and clarifies that tribal nations and their businesses are exempt from some labor law requirements. Finally, it prevents franchisors from being considered employers of franchise workers simply because they provide training on harassment, discrimination, or workplace safety.