Another Bill Aimed At Employee Arbitration Agreements – This Time To Nullify Epic Systems

On Oct. 30, 2018, Rep. Jerrold Nadler, D-N.Y., and Rep. Bobby Scott, D-Va., together with 58 Democratic cosponsors, introduced the Restoring Justice for Workers Act, H.R. 7109. Unlike some earlier bills, this proposed legislation would prohibit all pre-dispute arbitration agreements covering employment claims, forbid retaliation against employees for refusing to arbitrate those disputes and amend the National Labor Relations Act (NLRA) to forbid agreements that restrict employees' right to collectively litigate employment claims.

The new bill also gives protections to ensure that post-dispute arbitration agreements are not coerced and that the voluntary consent of employees has been given. A similar bill is expected to be introduced in the Senate by Sen. Patty Murray, D-Wash.