'There will certainly be a benefit from this bill having clear direction as to when someone could be deemed a joint employee'
Employment lawyers believe the recently proposed Employee Rights Act could significantly shape the future of labor in areas ranging from the use of independent contractors and managing franchisees to the way unions operate.
As previously reported in HRD, the ERA was introduced to Congress late last month. Among its key provisions is the guarantee of a secret ballot representation election overseen by the National Labour Relations Board (NLB), instead of the collection of signature cards.
It will also establish a standard to determine when independent contractors would be considered a joint employee of multiple parties.
According to Cynthia Augello, a partner with NYC-based Warren Law Group, the ERA has been proposed in various incarnations since 2010. This latest version is notable for narrowing down the bill into five main provisions and for striking a better balance between the interests of employers and organized labor.
The provision around strike authorizations by secret ballot is a good example.
“What they're trying to do is to give the employees privacy, so they don’t feel pressured by either the labor unions or their employers to vote one way or the other,” she said. “It provides more of a balance so that if employees are doing this, it’s of their own free will and they can feel more comfortable.”
There...
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