What this bill does
The Restoring Justice for Workers Act (H.R. 9995) amends the National Labor Relations Act (NLRA) and the Federal Arbitration Act (FAA) to ban pre-dispute forced arbitration clauses and joint or class-action waivers in workplace contracts. It sets strict rules for arbitration agreements entered into after a dispute arises, prohibits entities from retaliating against workers who refuse arbitration, and establishes that non-compliant agreements are void and legally unenforceable.
Who it affects
* **Workers:** Defined to include both formal employees and independent contractors, regardless of how an entity classifies or labels them.
* **Covered Entities:** Includes employers as well as non-employer entities that engage workers to perform services.
* **Labor Unions and Employers:** Parties involved in collective bargaining agreements.
What would change
* **Pre-dispute bans:** Covered entities are prohibited from requiring, attempting to enforce, or coercing workers into signing pre-dispute agreements that mandate arbitration or ban workers from joining class, collective, or joint lawsuits in court.
* **Post-dispute rules:** Arbitration agreements and class-action waivers created *after* a dispute occurs are only valid and enforceable if ALL of the following conditions are met:
1. **Voluntary:** The agreement cannot be mandatory, coerced, or required as a condition of work, employment, or benefits.
2. **Written Disclosure:** The worker receives a plain-language written notice detailing their right to refuse arbitration without retaliation and their rights under the NLRA.
3. **45-Day Waiting Period:** The worker must be given at least 45 days to review disclosures and the final text before signing.
4. **Written Consent:** The worker must explicitly give written consent.
* **Retaliation protections:** It is unlawful under the NLRA and federal arbitration law to retaliate or threaten retaliation against a worker for refusing to sign an arbitration agreement or joint-action waiver.
* **Legal timeline adjustments:** The NLRA’s six-month deadline to file an unfair labor practice charge regarding post-dispute arbitration agreements starts only after the mandatory 45-day review period ends.
* **Dispute coverage:** Applies broadly to work disputes involving pay, working terms, recruitment, hiring, advertising, discipline, termination, civil rights and labor law violations, and class/collective action certifications.
Money or funding
The provided summary does not outline specific federal appropriations, spending amounts, taxes, or fees associated with this legislation.
Important exceptions or limits
* **Collective Bargaining Exception:** The bill’s pre-dispute prohibitions under the NLRA do not apply to agreements contained in or permitted by collective bargaining contracts between labor unions and employers.
* **Post-Dispute Arbitration Permitted:** The bill does not ban arbitration entirely; workers and entities may still choose arbitration after a dispute arises, provided the agreement strictly satisfies all legal disclosure, voluntariness, waiting period, and written consent requirements.
Plain-English bottom line
This bill prevents businesses from forcing employees or independent contractors to agree to private arbitration or give up their right to file class-action lawsuits as a condition of getting or keeping a job. If a dispute occurs later on, a worker can still choose to enter arbitration, but only if they agree in writing after receiving clear disclosures, getting a mandatory 45-day waiting period, and facing zero threat of retaliation.
