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Bill protects workers’ right to join a union, or not

Workers & Taxpayers proposed laws are introduced

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Senator Scott, Congressman Allen, Colleagues Introduce Landmark Legislation to Protect Workers and Support Small Business Owners 

WASHINGTON – U.S. Senator Tim Scott (R-S.C.) introduced the Employee Rights Act of 2023. The bill seeks to modernize our nation’s labor policies to match the needs of the 21st century worker and workforce. This legislation represents the Republican vision for the future of the American workforce: promoting growth and innovation, ensuring that our laws protect workers rather than union bosses, and allowing Americans to take home more of the money they earn. 

“While the Biden administration and Washington Democrats continue to bend to the demands of big labor unions and special interest groups, Republicans remain focused on finding forward-thinking solutions that give our workforce and small business owners stability and flexibility,” said Senator Scott. “We should always resolve to empower and encourage Americans with the ability to provide for their families. I’m grateful to my colleagues for joining me in the fight to protect workers.”

“Being pro-worker means defending the rights of all workers, including those who decide it is not in their best interest to form or join a union,” said Dr. Cassidy, Ranking Member of the Senate Committee on Health, Education, Labor and Pensions. “No American should be intimidated or coerced into joining a union. This legislation protects workers’ right to choose what’s best for their career, whether that is to join a union or not participate at all.” 

“Washington Democrats have long bowed to the demands of union bosses by prioritizing radical labor policies that harm small businesses and workers,” said Republican Whip Thune. “I’m proud to join my colleagues in introducing this common-sense bill that upholds individuals’ ability to choose to work as an independent contractor and ensures workers’ rights are protected against coercion from union bosses and the Biden administration’s heavy-handed labor agenda.”

The Employee Rights Act of 2023 is co-sponsored by Senate Health, Education, Labor, and Pensions Committee Ranking Member Bill Cassidy (R-La.), Senate Republican Whip John Thune (R-S.D.), Senators Mike Braun (R-Ind.), Ted Budd (R-N.C.), Bill Cassidy (R-La.), Kevin Cramer (R-N.D.), Mike Crapo (R-Ind.), Bill Hagerty (R-Tenn.), Cindy Hyde-Smith (R-Miss.), Ron Johnson (R-Wis.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), James Risch (R-Ind.), and Tommy Tuberville (R-Ala.). 

Congressman Rick Allen is introducing the companion legislation in the House, which is cosponsored by Congressmembers Tom Cole (R-Okla.), James Comer (R-Ky.), Dan Crenshaw (R-Texas), Jeff Duncan (R-S.C.), Drew Ferguson (R-Ga.), Scott Franklin (R-Fla.), Bob Good (R-Va.), Erin Houchin (R-Ind.), Richard Hudson (R-N.C.), Dusty Johnson (R-S.D.), Jake LaTurner (R-Kansas), Barry Loudermilk (R-Ga.), Mary Miller (R-Ill.), John Moolenaar (Mich.), Austin Scott (R-Ga.), Randy Weber (R-Texas), and Joe Wilson (R-S.C.).

“The modern American worker wants flexibility and choice. Unfortunately, the overreaching Biden administration and Washington Democrats would rather force their radical labor agenda on the American people,” said Congressman Allen. “The Employee Rights Act fights back against this overreach and instead protects workers’ rights and privacy, as well as empowers entrepreneurs and independent contractors.  It is long past time that our labor laws stand with the 21st century worker, and I am proud to lead this effort in the House of Representatives.”

“If it were up to the Biden administration and Democrats, every worker in the United States would be forced to join a union,” said House Education and Workforce Committee Chairwoman Virginia Foxx. “That’s not hyperbole – just look at the legislation proposed by the Left. Bills like the PRO Act chip away at workers’ rights and tip the scales in favor of Big Labor special interests. That’s un-American. Competing in the 21st century economy requires pro-growth policies that lift up all workers, not just union members. I’m proud to support the Employee Rights Act to ensure that workers in America are free to decide their own future.”

The Employee Rights Act of 2023 is endorsed by the following groups: 

Associated Builders and Contractors                                                              American Experiment                                                                                          Alaska Policy Forum

Americans for Prosperity                                                                                Americans for Tax Return                                                                                  ALEC Action

Beacon Impact

California Business and Industrial Alliance

California Policy Center

Center for Union Facts

Center for Individual Freedom

Club for Growth

Commonwealth Foundation

Competitive Enterprise Institute

Council for Citizens Against Government Waste

Freedom Foundation

Heritage Action for America

Independent Women's Voice

Institute for the American Worker

International Franchise Association                                                                      

Job Creators Network                                                                                            The LIBRE Initiative                                                                                        Mackinac Public Policy Center                                                                                Maine Policy Institute                                                                                    National Association of Manufacturers

National Federation of Independent Businesses

National Restaurant Association                                                                      National Taxpayers Union

Nevada Policy Research Institute                                                                          Open Competition Center

Retail Industry Leaders Association

RI Center for Freedom & Prosperity

US Chamber of Commerce

Wisconsin Manufacturers & Commerce

Workplace Policy Institute

Their letter of support can be found here. 

Read the bill text in full here. 

For additional information on the Employee Rights Act of 2023, visit EmployeeRightsAct.com. 

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Scott Introduces Legislation to Protect American Taxpayers 

WASHINGTON – U.S. Senator Tim Scott (R-S.C.), Finance Committee Ranking Member Mike Crapo (R-Idaho), and their Republican colleagues, introduced the IRS Accountability and Taxpayer Protection Act to prohibit the IRS from using penalties as a bargaining chip in reaching resolutions more favorable to the agency at the expense of hardworking Americans.

“There’s a reason the bipartisan Joint Committee on Taxation predicts that the largest percent increase in tax burden will fall on families with the lowest incomes as a result of the Democrats’ tax agenda last Congress – it’s because the IRS focuses its auditing efforts on those with the fewest resources to resist,” said Senator Scott. “When an IRS agent comes knocking on the door of the wealthy, they’re met with lawyers and legal fees; however, working-class Americans aren’t afforded this luxury. I won’t stand for President Biden and congressional Democrats shaking down the American middle class to pay for their radical, socialist agenda, and I encourage the Senate to take up my legislation to provide meaningful protections for hard-working people.

“With an additional $80 billion in IRS funding, $45 billion of which is reserved for enforcement, the IRS has new and unprecedented resources available to levy penalties against taxpayers,” said Senator Crapo.  “Senator Scott’s sensible legislation is an important counter-balance that ends years of needless litigation by establishing something we need more of: clear and simple tax rules.  The most important part of this legislation is it is a taxpayer favorable law that helps ensure the IRS will only impose penalties where appropriate and not as a bargaining chip.  I look forward to working with my colleagues to create better ways to protect taxpayers and hold the IRS accountable.”

“The bloated IRS budget shouldn’t be used to bully the hardworking people of Wyoming into paying penalties to settle issues with the IRS,” said Senator Cynthia Lummis (R-WY). “The IRS Accountability and Taxpayer Protection Act will hold the IRS accountable and ensure people in Wyoming are protected from unnecessary overreach by the supersized IRS.”

“Democrats are hiring 87,000 IRS agents with a clear mandate to ramp up audits on taxpayers. Democrats unleashed this beefed-up IRS on the public without including any additional protections for taxpayers. Zero. Sen. Scott's bill ensures the IRS can't intimidate taxpayers into settling by threatening unjust penalties. Taxpayers need more protection from the IRS, not less. Every lawmaker should support Sen. Scott's bill and I applaud his leadership,” said Grover Norquist, President of Americans for Tax Reform. 

“In the 1998 IRS Restructuring and Reform Act, Congress spoke with a clear bipartisan voice that the IRS's penalty authority must be sensibly balanced with the rights of taxpayers. This provision of the law has recently come under attack, endangering the hard-won protections that so many honest Americans depend upon in legitimate disputes with the IRS. Senator Scott deserves the gratitude of millions of taxpayers for recognizing the importance of this little-known but vital safeguard, and the need to strengthen it. His legislation gives hope to everyday taxpayers who follow the rules that the IRS will do the same. NTU is proud to support Senator Scott's bill, as should every lawmaker in both parties,” said Pete Sepp, President of the National Taxpayers Union.

The IRS Accountability and Taxpayer Protection Act is cosponsored by Senators John Barrasso (R-Wyo.), Marsha Blackburn (R-Tenn.), Mike Braun (R-Ind.), Tom Cotton (R-Ark.), Mike Crapo (R-Idaho), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kansas), Jim Risch (R-Idaho), and Roger Wicker (R-Miss.).

Background: 

Of the $80 billion in additional IRS funding appropriated by Congressional Democrats, approximately $45 billion is reserved for "enforcement." With the IRS’s workforce growing by 45% by fiscal year 2025, American taxpayers need additional protections.  

The IRS Accountability and Taxpayer Protection Act would strengthen an essential taxpayer protection (IRC §6751(b)) by removing the language creating significant litigation and replacing it with a clear rule. This rule would require the IRS to verify penalties for accuracy rather than using them as a way to manipulate taxpayers to settle.

Americans for Tax Reform and the National Taxpayers Union endorse this legislation. 

Full text of the IRS Accountability and Taxpayer Protection Act can be found here. 

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