,,ii #aafth ,,congress #ast ,session ,s4 #adia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ae1 #bjai,mrs4 ,murray 7for herself1 ,ms4 ,baldwin1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,brown1 ,mr4 ,casey1 ,ms4 ,cortez ,masto1 ,mr4 ,durbin1 ,mrs4 ,gillibrand1 ,ms4 ,harris1 ,mr4 ,king1 ,ms4 ,klobuchar1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,reed1 ,mr4 ,sanders1 ,mrs4 ,shaheen1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit forced arbitration in work disputes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restoring ,justice for ,workers ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,millions of workers are currently forced to accept1 as a condition of employment or work1 contractual provisions that block their access to the courts or prohibit them from joining together with other workers to seek joint1 class1 or collective relief for violations of their rights4 ,this has led to widespread nonenforcement of workers' rights and has permitted significant violations of those rights to continue unabated4 7#b7 ,most workers have little or no meaningful choice regarding whether to accept these provisions4 ,often1 workers are not even aware that they have given up the right to seek recourse in court or have waived their right to join other workers in joint1 class1 or collective actions4 7#c7 ,the ,federal ,arbitration ,act 7now enacted as chapter #a of title #i1 ,united ,states ,code7 was intended to clarify the ability of commercial entities of generally similar sophistication and bargaining power to voluntarily agree to use arbitration to resolve disputes between them4 ,despite this congressional intent1 the ,supreme ,court of the ,united ,states has interpreted the ,federal ,arbitration ,act so that it now extends to work disputes4 7#d7 ,the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 protects employees' right to engage in concerted activities for the purpose of mutual aid or protection4 ,this was intended and long understood to encompass employees' right to collectively seek relief for violations of their workplace rights4 ,however1 contrary to the plain text of the law and congressional intent1 the ,supreme ,court of the ,united ,states1 in ,epic ,systems ,corp4 v4 ,lewis1 #ach ,s4 ,ct4 #afab 7#bjah71 decided that employees may be forced1 as a condition of employment1 to waive their right to act collectively with regard to employment actions4 7#e7 ,forced individual dispute resolution undermines workers' rights and exacerbates the inequality of bargaining power between workers and employers because joining a joint1 class1 or collective action is often the only way workers can afford to seek relief for violations of their rights4 7#f7 ,workers who are forced to submit to individual dispute resolution often seek no redress at all due to well-founded fear of retaliation4 7#g7 ,protecting the rights of workers to individually or concertedly seek relief for violations of their labor rights through appropriate forums protects the public interest and safeguards commerce from injury4 #c4 ,purposes ,the purposes of this ,act are to-- 7#a7 prohibit predispute arbitration agreements that require arbitration of work disputes2 7#b7 prohibit retaliation against workers for refusing to arbitrate work disputes2 7#c7 provide protections to ensure that postdispute arbitration agreements are truly voluntary and with the informed consent of workers2 and 7#d7 amend the ,national ,labor ,relations ,act to prohibit agreements and practices that interfere with employees' right to engage in concerted activity regarding work disputes4 #d4 ,protection of concerted activity 7a7 ,agreements ,section #h7;a7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;a77 is amended-- 7#a7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#b7 by adding at the end the following3 7#f7 7,a7 to enter into or attempt to enforce any agreement1 express or implied1 whereby prior to a dispute to which the agreement applies1 an employee undertakes or promises not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of such employee in any forum that1 but for such agreement1 is of competent jurisdiction2 7,b7 to coerce such an employee into undertaking or promising not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of such employee2 or 7,c7 to retaliate or threaten to retaliate against an employee for refusing to undertake or promise not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to the employment of such employee3 ,provided1 ,that any agreement that violates this paragraph or results from a violation of this paragraph shall be to such extent unenforceable and void3 ,provided further1 ,that this paragraph shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization4 4 7b7 ,conforming amendment ,section #aj7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #afj7;b77 is amended by striking discharge and inserting discharge1 or unless the person aggrieved thereby is an employee alleging a violation of section #h7;a77#f7 whose charge involves a postdispute arbitration agreement that meets the requirements under section #djb7;a77#b7 of title #i1 ,united ,states ,code1 or an agreement described in section #djb7;a77#d7 of such title that meets the requirements under subparagraphs 7,a7 through 7,d7 of section #djb7;a77#b7 of such title1 in which event the six-month period shall be computed from the day the waiting period described in subparagraph 7,c7 of such section ends4 #e4 ,arbitration of work disputes 7a7 ,in general ,title #i of the ,united ,states ,code is amended by adding at the end the following3 #d ,arbitration of ,work ,disputes ,sec4 #dja4 ,definitions4#djb4 ,validity and enforceability4 #dja4 ,definitions ,in this chapter-- 7#a7 the terms commerce1 employee1 and employer have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc72 7#b7 the term covered entity means-- 7,a7 an employer2 or 7,b7 an individual or entity that is not acting as an employer and engages the services of a worker2 7#c7 the term predispute arbitration agreement means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement2 7#d7 the term postdispute arbitration agreement means any agreement to arbitrate a dispute that arose before the time of the making of the agreement2 7#e7 the term worker means-- 7,a7 an employee2 or 7,b7 an individual who is engaged by a covered entity to perform services or work as an independent contractor 7regardless of the label or classification assigned or used by the covered entity72 and 7#f7 the term work dispute-- 7,a7 means a dispute between one or more workers 7or their authorized representatives7 and a covered entity arising out of or related to the work relationship or prospective work relationship between the workers and the covered entity2 and 7,b7 includes1 but is not limited to-- 7i7 a dispute regarding the terms of1 payment for1 advertising of1 recruitment of1 referring of1 arranging for1 or discipline or discharge in connection with such work2 7ii7 a dispute arising under any law referred to or described in section #fb7;e7 of the ,internal ,revenue ,code of #aihf1 including any part of such a law not explicitly referenced in such section that relates to protecting individuals on a basis that is protected under a law referred to or described in such section2 and 7iii7 a dispute in which an individual or individuals seek certification-- 7,i7 as a class under rule #bc of the ,federal ,rules of ,civil ,procedure2 7,,ii7 as a collective action under section #af7;b7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baf7;b772 or 7,,iii7 under a comparable rule or provision of ,state law4 #djb4 ,validity and enforceability 7a7 ,in general ,notwithstanding any other chapter of this title-- 7#a7 no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a work dispute2 7#b7 no postdispute arbitration agreement that requires arbitration of a work dispute shall be valid or enforceable unless-- 7,a7 the agreement was not required by the covered entity1 obtained by coercion or threat of adverse action1 or made a condition of employment1 work1 or any employment-related or work-related privilege or benefit2 7,b7 each worker entering into the agreement was informed in writing using sufficiently plain language likely to be understood by the average worker of-- 7i7 the right of the worker under paragraph 7#c7 to refuse to enter the agreement without retaliation2 and 7ii7 the protections under section #h7;a77#f7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;a77#f772 7,c7 each worker entering into the agreement entered the agreement after a waiting period of not fewer than #de days1 beginning on the date on which the worker was provided both the final text of the agreement and the disclosures required under subparagraph 7,b72 and 7,d7 each worker entering into the agreement affirmatively consented to the agreement in writing2 7#c7 no agreement shall be valid or enforceable1 whereby prior to a work dispute to which the agreement applies1 a worker undertakes or promises not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to a work dispute in any forum that1 but for such agreement1 is of competent jurisdiction2 7#d7 no agreement shall be valid or enforceable1 whereby after a work dispute to which the agreement applies arises1 a worker undertakes or promises not to pursue1 bring1 join1 litigate1 or support any kind of joint1 class1 or collective claim arising from or relating to a work dispute in any forum that1 but for such agreement1 is of competent jurisdiction1 unless the agreement meets the requirements of paragraph 7#b7 of this subsection2 and 7#e7 no covered entity may retaliate or threaten to retaliate against a worker for refusing to enter into an agreement that provides for arbitration of a work dispute4 7b7 ,statute of limitations ,during the waiting period described in subsection 7a77#b77;,c71 the statute of limitations for any claims that arise from or form the basis for the applicable work dispute shall be tolled4 7c7 ,civil action ,any person who is injured by reason of a violation of subsection 7a77#e7 may bring a civil action in the appropriate district court of the ,united ,states against the covered entity within #b years of the violation1 or within #c years if such violation is willful4 ,relief granted in such an action shall include a reasonable attorney's fee1 other reasonable costs associated with maintaining the action1 and any appropriate relief authorized by section #gjf7;g7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#e7;g77 or by section #aigg;,a7b7 of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7b774 7d7 ,applicability 7#a7 ,in general ,this chapter applies to covered entities and workers engaged in activity affecting commerce to the fullest extent permitted by the ,constitution of the ,united ,states1 including the work of persons engaged in domestic service in households1 as described in section #b7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjb7;a774 ,an issue as to whether this chapter applies to an arbitration agreement shall be determined under ,federal law4 ,the applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court1 rather than an arbitrator1 regardless of whether any contractual provision purports to delegate such determinations to the arbitrator and irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement4 7#b7 ,collective bargaining agreements ,nothing in this chapter shall apply to any arbitration provision in a contract between a covered entity and a labor organization1 except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the ,constitution of the ,united ,states1 the constitution of a ,state1 or a ,federal or ,state statute1 or public policy arising therefrom4 4 7b7 ,technical and conforming amendments 7#a7 ,in general ,title #i of the ,united ,states ,code is amended-- 7,a7 in section #a1 by striking of seamen1 and all that follows through interstate commerce2 7,b7 in section #b1 by inserting or as otherwise provided in chapter #d before the period at the end2 7,c7 in section #bjh-- 7i7 in the section heading1 by striking ,chapter #a2 residual application and inserting ,application2 and 7ii7 by adding at the end the following3 ,this chapter applies to the extent that this chapter is not in conflict with chapter #d42 and 7,d7 in section #cjg-- 7i7 in the section heading1 by striking ,chapter #a2 residual application and inserting ,application2 and 7ii7 by adding at the end the following3 ,this chapter applies to the extent that this chapter is not in conflict with chapter #d44 7#b7 ,table of sections 7,a7 ,chapter #b ,the table of sections for chapter #b of title #i1 ,united ,states ,code1 is amended by striking the item relating to section #bjh and inserting the following3 #bjh4 ,application4 4 7,b7 ,chapter #c ,the table of sections for chapter #c of title #i1 ,united ,states ,code1 is amended by striking the item relating to section #cjg and inserting the following3 #cjg4 ,application4 4 7#c7 ,table of chapters ,the table of chapters for title #i1 ,united ,states ,code1 is amended by adding at the end the following3 #d4;,arbitration of work disputes#dja4 4 #f4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect on the date of enactment of this ,act and shall apply with respect to any dispute or claim that arises or accrues on or after such date1 including any dispute or claim to which an agreement predating such date applies4