Senator Marshall, Scott Legislation Protects Workers’ Rights

(Washington, D.C., March 23, 2022) — U.S. Senator Roger Marshall, M.D. joined Senator Tim Scott (SC) and colleagues in introducing the Employee Rights Act of 2022. This legislation updates and modernizes the Employee Rights Act to protect independent contractors, franchisees, entrepreneurs, and anyone seeking flexible work options.

“Small businesses have always been economic drivers, and for the sake of our nation’s prosperity we need to empower job growth and creation, not stifle it with harmful regulations and ambiguous standards,” said Senator Marshall. “I’m proud to play a role in this legislation that protects workers from overbearing and unaccountable union bosses and small business owners from unelected bureaucrats in Washington.”

“The complexities of our modern economy demand creative, forward-thinking legislation that gives workers and small business owners stability and flexibility,” said Senator Tim Scott. “The Democrats continue to push for legislation that prioritizes politics over people by protecting labor unions at the expense of workers. The Employee Rights Act puts workers back in the driver’s seat by giving them basic protections and the power to choose how to make a living for themselves and build a future for their families. I am grateful to my colleagues who are joining me in this fight to make workers’ voices heard in the halls of Congress.”

The Employee Rights Act of 2022 includes Senator Marshall’s bill introduced in May, the Save Local Business Act, which clarifies the joint employer standard. Since 2015, the definition of a “joint employer” has been dramatically expanded, resulting in confusing regulations and an unpredictable liability standard for small and local businesses across the country. As a result, employers have seen increases in operational and legal costs, less compliance assistance, and fewer opportunities to create jobs. This bill would codify the longstanding and common sense precedent and maintain the path to the dream of owning one’s own business for thousands of Americans.

In addition to Senators Marshall and Scott, the Employee Rights Act of 2022 is also co-sponsored by Senators Richard Burr (NC), Mitch McConnell (KY), John Thune (SD), John Barrasso (WY), Mike Braun (IN), Jerry Moran (KS), Tommy Tuberville (AL), Jim Risch (ID), Mike Crapo (ID), John Cornyn (TX), Steve Daines (MT), Cynthia Lummis (WY), Cindy Hyde-Smith (MS), Bill Hagerty (TN), John Boozman (AR), Roger Wicker (MS), Thom Tillis (NC), Mitt Romney (UT), Tom Cotton (AR), Jim Inhofe (OK), Kevin Cramer (ND), and Ron Johnson (WI).

More than 60 pro-worker, pro-business groups have endorsed the Employee Rights Act. A full list is below:

Alaska Policy Forum
ALEC Action
American Business Conference
American Experiment
American Hotel & Lodging Association
Americans for Prosperity
Americans for Tax Reform
Asian American Hotel Owners Association
Associated Equipment Distributors
Beacon Impact
Bowling Green Area Chamber of Commerce
California Business and Industrial Alliance
California Policy Center
Center for Individual Freedom
Center for Union Facts
Ceramic Tile Distributors Association
The Club for Growth
Commonwealth Foundation
Consumer Technology Association
Council for Citizens Against Government Waste
Family Business Coalition
Foodservice Equipment Distributors Association
Freedom Foundation
Goldwater Institute
Heating, Air-conditioning, & Refrigeration Distributors International
Heritage Action for America
Hispanic Leadership Fund
HR Policy Association
International Association of Plastics Distribution
Independent Bakers Association
Independent Electrical Contractors
Independent Women’s Voice
Institute for the American Worker
International Franchise Association
Job Creators Network
The John Locke Foundation
The John K. MacIver Institute for Public Policy
Kansas Policy Institute
The Libre Initiative
Littler Workplace Policy Institute
Lubbock Chamber of Commerce
Mackinac Center for Public Policy
Metals Service Center Institute
National Association of Electrical Distributors
National Association of Manufacturers
National Association of Wholesaler-Distributors
National Fastener Distributors Association
National Marine Distributors Association
National Ready Mix Concrete Association
National Restaurant Association
National Retail Federation
National Taxpayers Union
Nevada Policy Research Institute
National Federation of Independent Businesses
Open Competition Center
Outdoor Power Equipment and Engine Service Association
Palmetto Promise Institute
Retail Industry Leaders Association
Rhode Island Center for Freedom and Prosperity
Small Business & Entrepreneurship Council
South Carolina Chamber of Commerce
Taxpayers Protection Alliance
Texas Public Policy Foundation
U.S. Chamber of Commerce
Wichita Regional Chamber of Commerce
Wisconsin Manufacturers and Commerce
60 Plus Association

For additional information on the Employee Rights Act of 2022, read Senator Scott’s op-ed in the Wall Street Journal and visit