I 

116TH CONGRESS 

1ST SESSION H. R. 2749 

To prohibit forced arbitration in work disputes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2019 

Mr. NADLER (for himself, Mr. SCOTT of Virginia, Mr. CICILLINE, Ms. 

BONAMICI, Mrs. BUSTOS, Mr. CISNEROS, Mr. COHEN, Mr. COOPER, Mr. 

CUMMINGS, Mr. DANNY K. DAVIS of Illinois, Ms. DELAURO, Mr. 

DESAULNIER, Mrs. DINGELL, Mr. ESPAILLAT, Mr. EVANS, Mr. 

GARAMENDI, Mr. GOLDEN, Mr. HASTINGS, Ms. JACKSON LEE, Ms. 

JAYAPAL, Mr. KENNEDY, Mr. KILDEE, Mr. LANGEVIN, Mrs. LAWRENCE, 

Mr. LEVIN of Michigan, Mr. LOWENTHAL, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. MCGOVERN, Mr. MEEKS, Ms. MUCARSELPOWELL, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. PORTER, Mr. RASKIN, 

Mr. RUSH, Mr. RYAN, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SMITH of 

Washington, Mr. SWALWELL of California, Mr. TAKANO, Mr. TONKO, Mr. 

VELA, Ms. VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, and Ms. CASTOR of 

Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education 

and Labor, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit forced arbitration in work disputes, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Restoring Justice for 

3 Workers Act’’. 

4 SEC. 2. PURPOSES. 

5 The purposes of this Act are to— 

6 (1) prohibit predispute arbitration agreements 

7 that require arbitration of work disputes; 

8 (2) prohibit retaliation against workers for re9 fusing to arbitrate work disputes; 

10 (3) provide protections to ensure that postdis11 pute arbitration agreements are truly voluntary and 

12 with the informed consent of workers; and 

13 (4) amend the National Labor Relations Act to 

14 prohibit agreements and practices that interfere with 

15 employees’ right to engage in concerted activity re16 garding work disputes. 

17 SEC. 3. ARBITRATION OF WORK DISPUTES. 

18 (a) IN GENERAL.—Title 9 of the United States Code 

19 is amended by adding at the end the following: 

20 ‘‘CHAPTER 4—ARBITRATION OF WORK 

21 DISPUTES 

‘‘Sec. 

‘‘401. Definitions. 

‘‘402. Validity and enforceability. 

22 ‘‘§ 401. Definitions 

23 ‘‘In this chapter— 


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1 ‘‘(1) the terms ‘commerce’, ‘employee’, and ‘em2 ployer’ have the meanings given the terms in section 

3 3 of the Fair Labor Standards Act of 1938 (29 

4 U.S.C. 203); 

5 ‘‘(2) the term ‘covered entity’ means— 

6 ‘‘(A) an employer; or 

7 ‘‘(B) an individual or entity that is not 

8 acting as an employer and engages the services 

9 of a worker; 

10 ‘‘(3) the term ‘predispute arbitration agree11 ment’ means any agreement to arbitrate a dispute 

12 that had not yet arisen at the time of the making 

13 of the agreement; 

14 ‘‘(4) the term ‘postdispute arbitration agree15 ment’ means any agreement to arbitrate a dispute 

16 that arose before the time of the making of the 

17 agreement; 

18 ‘‘(5) the term ‘worker’ means— 

19 ‘‘(A) an employee; or 

20 ‘‘(B) an individual who is engaged by a 

21 covered entity to perform services or work as an 

22 independent contractor (regardless of the label 

23 or classification assigned or used by the covered 

24 entity); and 

25 ‘‘(6) the term ‘work dispute’— 


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1 ‘‘(A) means a dispute between one or more 

2 workers (or their authorized representatives) 

3 and a covered entity arising out of or related to 

4 the work relationship or prospective work rela5 tionship between the workers and the covered 

6 entity; and 

7 ‘‘(B) includes, but is not limited to— 

8 ‘‘(i) a dispute regarding the terms of, 

9 payment for, advertising of, recruitment of, 

10 referring of, arranging for, or discipline or 

11 discharge in connection with such work; 

12 ‘‘(ii) a dispute arising under any law 

13 referred to or described in section 62(e) of 

14 the Internal Revenue Code of 1986, includ15 ing any part of such a law not explicitly 

16 referenced in such section that relates to 

17 protecting individuals on a basis that is 

18 protected under a law referred to or de19 scribed in such section; and 

20 ‘‘(iii) a dispute in which an individual 

21 or individuals seek certification— 

22 ‘‘(I) as a class under rule 23 of 

23 the Federal Rules of Civil Procedure; 

24 ‘‘(II) as a collective action under 

25 section 16(b) of the Fair Labor 


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1 Standards Act of 1938 (29 U.S.C. 

2 216(b)); or 

3 ‘‘(III) under a comparable rule or 

4 provision of State law. 

5 ‘‘§ 402. Validity and enforceability 

6 ‘‘(a) IN GENERAL.—Notwithstanding any other chap7 ter of this title— 

8 ‘‘(1) no predispute arbitration agreement shall 

9 be valid or enforceable if it requires arbitration of a 

10 work dispute; 

11 ‘‘(2) no postdispute arbitration agreement that 

12 requires arbitration of a work dispute shall be valid 

13 or enforceable unless— 

14 ‘‘(A) the agreement was not required by 

15 the covered entity, obtained by coercion or 

16 threat of adverse action, or made a condition of 

17 employment, work, or any employment-related 

18 or work-related privilege or benefit; 

19 ‘‘(B) each worker entering into the agree20 ment was informed in writing using sufficiently 

21 plain language likely to be understood by the 

22 average worker of— 

23 ‘‘(i) the right of the worker under 

24 paragraph (3) to refuse to enter the agree25 ment without retaliation; and 


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1 ‘‘(ii) the protections under section 

2 8(a)(6) of the National Labor Relations 

3 Act (29 U.S.C. 158(a)(6)); 

4 ‘‘(C) each worker entering into the agree5 ment entered the agreement after a waiting pe6 riod of not fewer than 45 days, beginning on 

7 the date on which the worker was provided both 

8 the final text of the agreement and the disclo9 sures required under subparagraph (B); and 

10 ‘‘(D) each worker entering into the agree11 ment affirmatively consented to the agreement 

12 in writing; 

13 ‘‘(3) no agreement shall be valid or enforceable, 

14 whereby prior to a work dispute to which the agree15 ment applies, a worker undertakes or promises not 

16 to pursue, bring, join, litigate, or support any kind 

17 of joint, class, or collective claim arising from or re18 lating to a work dispute in any forum that, but for 

19 such agreement, is of competent jurisdiction; 

20 ‘‘(4) no agreement shall be valid or enforceable, 

21 whereby after a work dispute to which the agree22 ment applies arises, a worker undertakes or prom23 ises not to pursue, bring, join, litigate, or support 

24 any kind of joint, class, or collective claim arising 

25 from or relating to a work dispute in any forum 


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1 that, but for such agreement, is of competent juris2 diction, unless the agreement meets the require3 ments of paragraph (2) of this subsection; and 

4 ‘‘(5) no covered entity may retaliate or threaten 

5 to retaliate against a worker for refusing to enter 

6 into an agreement that provides for arbitration of a 

7 work dispute. 

8 ‘‘(b) STATUTE OF LIMITATIONS.—During the waiting 

9 period described in subsection (a)(2)(C), the statute of 

10 limitations for any claims that arise from or form the basis 

11 for the applicable work dispute shall be tolled. 

12 ‘‘(c) CIVIL ACTION.—Any person who is injured by 

13 reason of a violation of subsection (a)(5) may bring a civil 

14 action in the appropriate district court of the United 

15 States against the covered entity within 2 years of the vio16 lation, or within 3 years if such violation is willful. Relief 

17 granted in such an action shall include a reasonable attor18 ney’s fee, other reasonable costs associated with maintain19 ing the action, and any appropriate relief authorized by 

20 section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 

21 2000e–5(g)) or by section 1977A(b) of the Revised Stat22 utes (42 U.S.C. 1981a(b)). 

23 ‘‘(d) APPLICABILITY.— 

24 ‘‘(1) IN GENERAL.—This chapter applies to cov25 ered entities and workers engaged in activity affectVerDate Sep 11 2014 21:03 May 29, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2749.IH H2749

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1 ing commerce to the fullest extent permitted by the 

2 Constitution of the United States, including the 

3 work of persons engaged in domestic service in 

4 households, as described in section 2(a) of the Fair 

5 Labor Standards Act of 1938 (29 U.S.C. 202(a)). 

6 An issue as to whether this chapter applies to an ar7 bitration agreement shall be determined under Fed8 eral law. The applicability of this chapter to an 

9 agreement to arbitrate and the validity and enforce10 ability of an agreement to which this chapter applies 

11 shall be determined by a court, rather than an arbi12 trator, regardless of whether any contractual provi13 sion purports to delegate such determinations to the 

14 arbitrator and irrespective of whether the party re15 sisting arbitration challenges the arbitration agree16 ment specifically or in conjunction with other terms 

17 of the contract containing such agreement. 

18 ‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— 

19 Nothing in this chapter shall apply to any arbitra20 tion provision in a contract between a covered entity 

21 and a labor organization, except that no such arbi22 tration provision shall have the effect of waiving the 

23 right of a worker to seek judicial enforcement of a 

24 right arising under a provision of the Constitution of 

25 the United States, the constitution of a State, or a 


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1 Federal or State statute, or public policy arising 

2 therefrom.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) IN GENERAL.—Title 9 of the United States 

5 Code is amended— 

6 (A) in section 1, by striking ‘‘of seamen,’’ 

7 and all that follows through ‘‘interstate com8 merce’’; 

9 (B) in section 2, by inserting ‘‘or as other10 wise provided in chapter 4’’ before the period at 

11 the end; 

12 (C) in section 208— 

13 (i) in the section heading, by striking 

14 ‘‘Chapter 1; residual application’’ 

15 and inserting ‘‘Application’’; and 

16 (ii) by adding at the end the fol17 lowing: ‘‘This chapter applies to the extent 

18 that this chapter is not in conflict with 

19 chapter 4.’’; and 

20 (D) in section 307— 

21 (i) in the section heading, by striking 

22 ‘‘Chapter 1; residual application’’ 

23 and inserting ‘‘Application’’; and 

24 (ii) by adding at the end the fol25 lowing: ‘‘This chapter applies to the extent 


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1 that this chapter is not in conflict with 

2 chapter 4.’’. 

3 (2) TABLE OF SECTIONS.— 

4 (A) CHAPTER 2.—The table of sections for 

5 chapter 2 of title 9, United States Code, is 

6 amended by striking the item relating to section 

7 208 and inserting the following: 

‘‘208. Application.’’. 

8 (B) CHAPTER 3.—The table of sections for 

9 chapter 3 of title 9, United States Code, is 

10 amended by striking the item relating to section 

11 307 and inserting the following: 

‘‘307. Application.’’. 

12 (3) TABLE OF CHAPTERS.—The table of chap13 ters for title 9, United States Code, is amended by 

14 adding at the end the following: 

‘‘4. Arbitration of work disputes .............................................................. 401.’’. 

15 SEC. 4. PROTECTION OF CONCERTED ACTIVITY. 

16 (a) AGREEMENTS.—Section 8(a) of the National 

17 Labor Relations Act (29 U.S.C. 158(a)) is amended— 

18 (1) in paragraph (5), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(6)(A) to enter into or attempt to enforce any 

22 agreement, express or implied, whereby prior to a 

23 dispute to which the agreement applies, an employee 


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1 undertakes or promises not to pursue, bring, join, 

2 litigate, or support any kind of joint, class, or collec3 tive claim arising from or relating to the employ4 ment of such employee in any forum that, but for 

5 such agreement, is of competent jurisdiction; 

6 ‘‘(B) to coerce such an employee into under7 taking or promising not to pursue, bring, join, liti8 gate, or support any kind of joint, class, or collective 

9 claim arising from or relating to the employment of 

10 such employee; or 

11 ‘‘(C) to retaliate or threaten to retaliate against 

12 an employee for refusing to undertake or promise 

13 not to pursue, bring, join, litigate, or support any 

14 kind of joint, class, or collective claim arising from 

15 or relating to the employment of such employee: 

16 Provided, That any agreement that violates this 

17 paragraph or results from a violation of this para18 graph shall be to such extent unenforceable and 

19 void: Provided further, That this paragraph shall not 

20 apply to any agreement embodied in or expressly 

21 permitted by a contract between an employer and a 

22 labor organization.’’. 

23 (b) CONFORMING AMENDMENT.—Section 10(b) of 

24 the National Labor Relations Act (29 U.S.C. 160(b)) is 

25 amended by striking ‘‘discharge’’ and inserting ‘‘disVerDate Sep 11 2014 21:03 May 29, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2749.IH H2749

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1 charge, or unless the person aggrieved thereby is an em2 ployee alleging a violation of section 8(a)(6) whose charge 

3 involves a postdispute arbitration agreement that meets 

4 the requirements under section 402(a)(2) of title 9, United 

5 States Code, or an agreement described in section 

6 402(a)(4) of such title that meets the requirements under 

7 subparagraphs (A) through (D) of section 402(a)(2) of 

8 such title, in which event the six-month period shall be 

9 computed from the day the waiting period described in 

10 subparagraph (C) of such section ends’’. 

11 SEC. 5. EFFECTIVE DATE. 

12 This Act, and the amendments made by this Act, 

13 shall take effect on the date of enactment of this Act and 

14 shall apply with respect to any dispute or claim that arises 

15 or accrues on or after such date, including any dispute 

16 or claim to which an agreement predating such date ap17 plies. 

Æ 


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