The "Employee Rights Act" aims to reform United States labor laws, focusing on enhancing individual employee rights and clarifying employment relationships. It mandates that the selection of a collective bargaining representative must occur through a secret ballot election conducted by the National Labor Relations Board. A significant provision also stipulates that employees without lawful immigration status are ineligible to vote in any union election and cannot be considered for representation petitions. The bill introduces new employee privacy protections by requiring employers to provide unions with limited contact information for voter lists, and makes it an unfair labor practice for unions to misuse this personal data. Furthermore, it establishes that employees are not required to subsidize union activities unrelated to collective bargaining or contract administration without their explicit, annually renewable written authorization. The legislation redefines the criteria for determining independent contractor status under the Fair Labor Standards Act and National Labor Relations Act, emphasizing the lack of employer control over work details and the individual's entrepreneurial opportunities. It also tightens the definition of a joint employer , requiring direct, actual, and immediate significant control over essential employment terms. Additionally, it clarifies that franchisors providing technical assistance or requiring certain policies do not automatically establish an employer-employee relationship with franchisees. The bill amends the National Labor Relations Act to exclude Indian Tribes and their enterprises on Indian lands from the definition of "employer," affirming tribal sovereignty in labor matters. For employees in "covered States" (right-to-work states), the bill creates a right to engage in " independent negotiating " with their employer if they cease union membership or payments, making it an unfair labor practice for unions to interfere. The Act also prohibits unions from including provisions in collective bargaining agreements that mandate or promote diversity, equity, or inclusion initiatives unrelated to job qualifications, unless legally required. Finally, it amends federal law to clarify that certain acts of violence or threats during labor disputes, even if minor, can be subject to federal prosecution. This aims to enhance protection against union violence by removing previous exemptions for conduct that might otherwise be considered incidental to peaceful picketing.