Bill > S3124

This bill amends the National Labor Relations Act to establish new guidelines for how employers can discipline employees for harassment or abuse that occurs during legally protected labor activities. Specifically, the bill creates a framework where an employer can take disciplinary action against an employee for misconduct during a strike or other protected labor action, but must meet certain legal standards to prove the disciplinary action is not retaliatory. Under the proposed law, if an employee claims the disciplinary action was unfair, the burden of proof is split: first, the General Counsel (the prosecutorial arm of the National Labor Relations Board) must demonstrate that the employee was engaged in legally protected activity, that the employer knew about this activity, and that the employer had negative feelings toward this activity. Then, the employer must prove that they would have taken the same disciplinary action regardless of the protected labor activity. This bill aims to balance protecting workers' rights to engage in labor organizing and demonstrations while also allowing employers to maintain workplace standards and address genuine harassment or abuse.

Health and Social Services

https://www.congress.gov/bill/119th-congress/senate-bill/3124/all-info