House Passes Sweeping Labor Law Reform

On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206. One Democratic Representative voted against the bill; five Republicans voted for it. The PRO Act represents the most dramatic reform of federal labor law in decades, and would have significant consequences for both non-union and unionized employers.

The bill's language includes provisions that would:

• Effectively overturn state right-to-work laws;
• Codify the "ABC test" for determining independent contractor or employee status under the NLRA;
• Limit employers' ability to contest union election petitions and allow unions to engage in secondary boycotts, long held to be unlawful;