Earlier this week, Minnesota Senator Al Franken reintroduced legislation aimed at removing forced arbitration clauses from antitrust, consumer, and employment contracts. Senate Bill 878, dubbed “The Arbitration Fairness Act of 2013” reportedly:
• Restores the original intent of the FAA by clarifying the scope of its application.
• Amends the FAA by adding a new chapter invalidating agreements that require the arbitration of employment, consumer, civil rights, or antitrust disputes made before the dispute arises.
• Restores the rights of workers, consumers, and small businesses trying to compete to seek justice in our courts.
• Ensures transparency in civil litigation.
• Protects the integrity of the Civil Rights Act, the Equal Pay Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, among others.
The text of the proposed law was originally considered in 2011. Similar legislation was also introduced in the House by Representative Hank Johnson, Jr. of Georgia as H.R. 1844.
We would love to hear your thoughts regarding the proposed legislation.