September 17, 2021

Volume XI, Number 260

Advertisement

September 17, 2021

Subscribe to Latest Legal News and Analysis

September 16, 2021

Subscribe to Latest Legal News and Analysis

September 15, 2021

Subscribe to Latest Legal News and Analysis
Advertisement

Buckle Up, Employers: PRO Act Passes the House

As we previously reported, the Protecting the Right to Organize Act (PRO Act) has been a hot topic for the Biden administration and top legislative priority for organized labor. The PRO Act was originally passed by House of Representatives in February 2020, but the then Republican-controlled Senate failed to take any action. 

Under President Biden’s administration, the PRO Act is front and center once again. On March 9, 2021, the House again passed the PRO Act by a vote of 225-206, largely along party lines. It faces an uphill battle in the 50/50 split Senate, though, as filibuster rules require 60 votes to end debate on a bill and bring it to a vote. President Biden has voiced strong support for the bill, and released a statement urging Congress to send the PRO Act to his desk. 

The PRO Act would be the most significant piece of labor legislation since National Labor Relations Act of 1935, overhauling much of the current labor law. If passed, the law would ban right-to-work laws that prohibit employers and unions from requiring employees to join a union as a condition of employment; ban employers from permanently replacing strikers; implement stricter tests for determining an individual’s status as an independent contractor versus employee; and impose new civil penalties on employers for violations, including personal liability, amongst other dramatic changes. 

While the legislation may die in the Senate as Republicans will likely filibuster it (although there is discussion on that procedural safeguard going by the wayside), unionized and non-unionized employers alike should remain alert for possible changes down the road and stay abreast of the Biden administration’s pro-labor agenda. During his campaign, President Biden promised to be the country’s “most pro-union president,” and the PRO Act is likely just one of many attempts to deliver on that promise. 

© 2021 BARNES & THORNBURG LLPNational Law Review, Volume XI, Number 70
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Associate

A detailed-oriented and strategic thinker, Colleen Naumovich is committed to helping her clients navigate the ever-changing field of labor and employment law, understand how the laws affect every facet of their business, and implement best practices.

Colleen brings focus and dedication to assisting her employer clients with various workplace and employee needs they have. She conducts legal research and drafts memoranda, motions, and positions statements to the National Labor Relations Board. She also helps clients prepare for trial by reviewing depositions and providing summaries of...

317-231-6408
David J. Pryzbylski, Barnes Thornburg Law Firm, Indianapolis, Labor Law Attorney
Partner

David concentrates a large portion of his practice on assisting employers with traditional labor matters. His deep experience includes collective bargaining, work stoppages, arbitrations, union avoidance training and strategies, union representation elections, unfair labor practice charges, contract administration, and various other labor relations issues.

David has helped companies secure favorable outcomes with labor issues around the country. He has experience with numerous labor unions, including the Steelworkers, Teamsters, Laborers, Sheet...

317-231-6464
Advertisement
Advertisement
Advertisement