The Restoring Justice for Workers Act prohibits employers from forcing workers into mandatory arbitration or class-action waivers, ensuring employees retain their right to pursue legal claims in court.
Patty Murray
Senator
WA
The Restoring Justice for Workers Act prohibits employers from forcing workers to sign away their right to pursue legal claims in court or join class-action lawsuits as a condition of employment. The bill bans mandatory pre-dispute arbitration agreements and ensures that any agreement to arbitrate or waive collective action rights made after a dispute arises is strictly voluntary and informed. By amending the National Labor Relations Act and the Federal Arbitration Act, this legislation protects workers' rights to act collectively and seek justice for workplace violations.
Restoring Justice for Workers Act Bans Forced Arbitration: New Rights for Employees and Contractors Begin Upon Enactment
The Restoring Justice for Workers Act flips the script on how workplace disputes are settled by banning the 'fine print' that prevents you from suing your employer. Under this bill, companies can no longer force you to sign away your right to go to court or join a class-action lawsuit as a condition of getting or keeping a job. This applies to everyone from office staff to independent contractors, effectively ending the practice of mandatory pre-dispute arbitration agreements that currently lock millions of workers out of the public court system.
Your Day in Court
For most people, the 'arbitration clause' is a paragraph buried in a 50-page onboarding packet that you sign because you need the paycheck. This bill makes those clauses unenforceable for 'work disputes,' which it defines broadly in Section 5 to include everything from pay and discipline to recruitment and discharge. This means if you and your coworkers are being shorted on overtime, you can actually team up for a collective lawsuit rather than being forced into a private, individual hearing where the employer often holds all the cards. It also clarifies that a judge—not a private arbitrator—gets to decide if a dispute belongs in court, closing a loophole where companies used to let the arbitrator decide their own jurisdiction.
The Choice is Yours
If a dispute does happen, you aren't banned from arbitration forever, but the rules change drastically. Under Section 5, an employer can only ask you to arbitrate after a problem has already occurred. For that agreement to be legal, they have to give you the terms in plain English, wait at least 45 days before you sign, and explicitly tell you that you have the right to say no. During that 45-day window, the clock stops on any legal deadlines (statutes of limitations), so you don't lose your right to sue while you're weighing your options. It’s designed to ensure that if you choose arbitration, it’s because you actually want to, not because you were pressured.
Protection from the Boss
One of the biggest hurdles in standing up for workplace rights is the fear of being fired or sidelined. This bill adds teeth to worker protections by making it an 'unfair labor practice' for an employer to even try to enforce a pre-dispute waiver. Section 5 specifically prohibits retaliation or threats against any worker who refuses to sign an arbitration deal. If a company does retaliate, you have the right to file a civil suit in federal court within two years (or three years if they did it on purpose) to recover attorney’s fees and damages. This creates a safety net for the person who says 'no thanks' to the fine print and wants to keep their legal options open.