The "Employee Rights Act" proposes significant changes to United States labor laws, primarily focusing on individual employee rights, union practices, and employment definitions. It mandates that the selection of a collective bargaining representative must occur through a secret ballot election conducted by the National Labor Relations Board, altering previous methods of union recognition. A key provision of the bill restricts union voting eligibility, stipulating that any employee without lawful immigration status cannot vote in union elections or be considered for certain representation petitions. Furthermore, it amends the Labor-Management Reporting and Disclosure Act to require annual, written authorization from employees for any union dues or fees used for activities not directly related to collective bargaining or contract administration. The bill redefines employment relationships by establishing stricter criteria for independent contractor status, emphasizing the employer's lack of significant control over work details and the individual's entrepreneurial opportunities. Similarly, it narrows the definition of a "joint employer" under both the National Labor Relations Act and the Fair Labor Standards Act, requiring direct, actual, and immediate control over essential employment terms. It also clarifies that franchisors providing certain technical assistance do not establish an employer-employee relationship with franchisees. For employees in "covered States" (those prohibiting mandatory union membership or payments), the bill introduces the right to engage in "independent negotiating" directly with their employer, even if a union represents their unit. It makes it an unfair labor practice for unions to interfere with this right or to include diversity, equity, or inclusion initiatives in collective bargaining agreements that are based on personal characteristics unrelated to job qualifications, unless legally mandated. The legislation also exempts Indian Tribes and their enterprises on Indian lands from the National Labor Relations Act, affirming tribal sovereignty in labor matters. Finally, it amends the Hobbs Act to broaden federal prosecution for robbery or extortion occurring during labor disputes, while clarifying that minor, non-patterned violence incidental to peaceful picketing would remain under state and local jurisdiction. It also explicitly allows employers to take action against discriminatory or harassing conduct during organizing campaigns or strikes.