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Business Groups Weigh in Against Proposed Expansive Increase in Workplace Regulation

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HR Policy and 127 other employer groups signed letters to Congress expressing concerns and strong opposition to the deceptively-named Workplace Democracy Act (S. 2810 and H.R. 5728), the provisions of which include severely limiting independent contractor status for many individuals.

The sweeping legislation is a wish-list of changes to labor and employment law, including:

  • Stripping workers’ right to private voting and secret ballots in union elections;

  • Eliminating “secondary boycott” protections that protect employers from becoming ensnared in other employers' labor disputes;

  • Codifying the NLRB’s controversial Browning-Ferris joint employment standard;

  • Eliminating the ability of states to enact Right-to-Work laws; and

  • Importing into the NLRA California’s recently adopted “ABC” test for determining whether a worker is an employee or an independent contractor.

Why it matters: Although the legislation will not move this year in the Republican-controlled Congress, it lays down a marker for what Democrats are likely to pursue over the next two years.  Significantly, the legislation could see action in a Democrat-controlled House, depending on the election results in November.

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