Seyfarth Synopsis: Congress has once
again proposed legislation that would seek to ban mandatory
workplace arbitration of employment claims, despite a string of
United States Supreme Court decisions upholding arbitration and
class/collective action waivers as a lawful and appropriate
mechanism to resolve workplace disputes.
H.R. 7109, the Restoring Justice for Workers
Act, was introduced by Representative Jerrold
Nadler, D-N.Y., and Representative Bobby Scott, D-Va., with 58
Democratic co-sponsors. Similar legislation is expected to be
introduced in the Senate by Senator Patty Murray, D-Wash, with
eight Democratic co-sponsors. The proposed legislation would
overturn the U.S. Supreme Court's decision in Epic
Systems, and would amend the National Labor Relations Act to
specifically prohibit class and collective action waivers under a
new "Section 8(a)(6)."
