A bill that would significantly restrict the ability for
employers to arbitrate employment disputes was reintroduced in the
House and Senate last week. The Arbitration Fairness Act of 2013
(H.R. 1844, S. 878) – introduced by Rep. Henry
“Hank” Johnson (D-GA) and Sen. Al Franken (D-MN)
– would amend the Federal Arbitration Act (FAA) to invalidate
all predispute arbitration agreements that require the arbitration
of any employment, antitrust, or consumer dispute, or conflict
arising under any statute intended to protect civil rights. This
Act would not apply to arbitration provisions contained in
collective bargaining agreements.
This legislation broadly defines “employment
dispute” as “a dispute between an employer and employee
arising out of the relationship of employer and employee as defined
by the Fair Labor Standards Act.” The definition of
“consumer dispute” is similarly broad enough to
encompass a wide range of legal conflicts. If enacted, this bill
would
