The Protecting the Right to Organize (PRO) Act expands workers’ rights on the job: Examples of loopholes in current labor law and how the PRO Act closes them

Deficiency in current labor law Policy reform under the PRO Act
Allows employers to hold captive audience meetings. Prohibits employers from forcing workers to attend captive audience meetings.
No civil penalties for employers who violate workers’ rights under the National Labor Relations Act (NLRA). Creates civil penalties for violations under the NLRA.
Allows employers to misclassify workers as independent contractors without violating the NLRA. Institutes an “ABC” test to determine employee status and makes employee misclassification a violation under the NLRA.
Allows multiple employers to dictate workers’ terms of employment while also refusing to recognize the workers as their employees. Codifies a strong joint employer standard.
Allows employers to permanently replace workers who go on strike. Prohibits employers from permanently replacing striking workers.
Allows employers to lock out workers, prior to a strike, to influence the collective bargaining process. Bans the use of offensive lockouts.
Prohibits workers from engaging in picketing or striking in solidarity with another company’s workers. Removes prohibitions on secondary strikes.
Does not require employers to inform employees of their rights under the NLRA. Requires employers to post a notice of workers’ rights under the NLRA. Failure to post notice results in a civil penalty up to $500 for each violation.
Allows employers to withhold or fail to provide accurate lists of eligible voters to the bargaining unit. Requires employers to provide the bargaining unit a credible list of eligible voters in an election within two business days. Failure to provide list in a timely manner results in a civil penalty up to $500 for each violation.
Allows workers to vote in union elections only by certified mail, at the worksite, or off the worksite. Allows workers to vote electronically in union elections in addition to certified mail, at the worksite, or off the worksite.
Allows employers to force workers to sign arbitration agreements that waive the right to collective or class action litigation. Bans the use of collective and class action waivers.
Prevents workers from bringing civil lawsuits against their employer. Provides workers a private right to civil action.

Source: Authors’ analysis of current labor law and the Protecting the Right to Organize Act of 2019, H.R. 2474, 116th Cong. (2019)

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