New $5K penalty for workers filing labor complaints deemed 'frivolous'
S. 3116 — Fairness in Filing Act · Filed by Bill Cassidy (R-LA) · 2 cosponsors · Introduced Nov 6, 2025 · Referred to committee
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What it does
This bill amends the National Labor Relations Act to require workers filing unfair labor practice charges with the NLRB to file 'in good faith' and to provide documentation (affidavit, photo, video, email, text) or a certification explaining why they cannot. It gives employers a right to inspect evidence before hearings and creates a new penalty of up to $5,000 for filing charges deemed not in good faith or frivolous, including charges lacking required documentation.
Why we flagged it
The bill's operative mechanism is to raise barriers to filing unfair labor practice charges by imposing documentation requirements, good-faith standards, and financial penalties on workers and unions. While framed as preventing frivolous filings, the primary effect is to restrict access to the NLRB complaint process.
What the text implies
- The 'good faith' standard is undefined and subjective, giving the NLRB and employers discretion to challenge complaints on grounds beyond the merits of the underlying labor dispute.
- Workers filing charges without contemporaneous documentation (e.g., verbal harassment, discriminatory statements not recorded) face barriers even if the conduct occurred; the burden shifts to the worker to prove they lacked access to evidence.
The full analysis lists 5 implications of this text.
Who stands to gain
employers (reduced complaint volume, pre-hearing discovery advantage, deterrent effect on filings); anti-union consulting firms (may advise employers on challenging complaints under new standards)