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. MCCOL-
LUM, Mr. MCEACHIN, Mr. MCGOVERN, Mr. MEEKS, Ms. MUCARSEL- 
POWELL, 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 Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To prohibit forced arbitration in work disputes, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restoring Justice for 
Workers Act’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are to— 
(1) prohibit predispute arbitration agreements 
that require arbitration of work disputes; 
(2) prohibit retaliation against workers for re-
fusing to arbitrate work disputes; 
(3) provide protections to ensure that postdis-
pute arbitration agreements are truly voluntary and 
with the informed consent of workers; and 
(4) amend the National Labor Relations Act to 
prohibit agreements and practices that interfere with 
employees’ right to engage in concerted activity re-
garding work disputes. 
SEC. 3. ARBITRATION OF WORK DISPUTES. 
(a) IN GENERAL.—Title 9 of the United States Code 
is amended by adding at the end the following: 
‘‘CHAPTER 4—ARBITRATION OF WORK 
DISPUTES 
‘‘Sec. 
‘‘401. Definitions. 
‘‘402. Validity and enforceability. 
‘‘§ 401. Definitions 
‘‘In this chapter— 
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‘‘(1) the terms ‘commerce’, ‘employee’, and ‘em-
ployer’ have the meanings given the terms in section 
3 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203); 
‘‘(2) the term ‘covered entity’ means— 
‘‘(A) an employer; or 
‘‘(B) an individual or entity that is not 
acting as an employer and engages the services 
of a worker; 
‘‘(3) the term ‘predispute arbitration agree-
ment’ means any agreement to arbitrate a dispute 
that had not yet arisen at the time of the making 
of the agreement; 
‘‘(4) the term ‘postdispute arbitration agree-
ment’ means any agreement to arbitrate a dispute 
that arose before the time of the making of the 
agreement; 
‘‘(5) the term ‘worker’ means— 
‘‘(A) an employee; or 
‘‘(B) an individual who is engaged by a 
covered entity to perform services or work as an 
independent contractor (regardless of the label 
or classification assigned or used by the covered 
entity); and 
‘‘(6) the term ‘work dispute’— 
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‘‘(A) means a dispute between one or more 
workers (or their authorized representatives) 
and a covered entity arising out of or related to 
the work relationship or prospective work rela-
tionship between the workers and the covered 
entity; and 
‘‘(B) includes, but is not limited to— 
‘‘(i) a dispute regarding the terms of, 
payment for, advertising of, recruitment of, 
referring of, arranging for, or discipline or 
discharge in connection with such work; 
‘‘(ii) a dispute arising under any law 
referred to or described in section 62(e) of 
the Internal Revenue Code of 1986, includ-
ing 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 de-
scribed in such section; and 
‘‘(iii) a dispute in which an individual 
or individuals seek certification— 
‘‘(I) as a class under rule 23 of 
the Federal Rules of Civil Procedure; 
‘‘(II) as a collective action under 
section 16(b) of the Fair Labor 
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Standards Act of 1938 (29 U.S.C. 
216(b)); or 
‘‘(III) under a comparable rule or 
provision of State law. 
‘‘§ 402. Validity and enforceability 
‘‘(a) IN GENERAL.—Notwithstanding any other chap-
ter of this title— 
‘‘(1) no predispute arbitration agreement shall 
be valid or enforceable if it requires arbitration of a 
work dispute; 
‘‘(2) no postdispute arbitration agreement that 
requires arbitration of a work dispute shall be valid 
or enforceable unless— 
‘‘(A) the agreement was not required by 
the covered entity, obtained by coercion or 
threat of adverse action, or made a condition of 
employment, work, or any employment-related 
or work-related privilege or benefit; 
‘‘(B) each worker entering into the agree-
ment was informed in writing using sufficiently 
plain language likely to be understood by the 
average worker of— 
‘‘(i) the right of the worker under 
paragraph (3) to refuse to enter the agree-
ment without retaliation; and 
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‘‘(ii) the protections under section 
8(a)(6) of the National Labor Relations 
Act (29 U.S.C. 158(a)(6)); 
‘‘(C) each worker entering into the agree-
ment entered the agreement after a waiting pe-
riod of not fewer than 45 days, beginning on 
the date on which the worker was provided both 
the final text of the agreement and the disclo-
sures required under subparagraph (B); and 
‘‘(D) each worker entering into the agree-
ment affirmatively consented to the agreement 
in writing; 
‘‘(3) no agreement shall be valid or enforceable, 
whereby prior to a work dispute to which the agree-
ment applies, a worker undertakes or promises not 
to pursue, bring, join, litigate, or support any kind 
of joint, class, or collective claim arising from or re-
lating to a work dispute in any forum that, but for 
such agreement, is of competent jurisdiction; 
‘‘(4) no agreement shall be valid or enforceable, 
whereby after a work dispute to which the agree-
ment applies arises, a worker undertakes or prom-
ises not to pursue, bring, join, litigate, or support 
any kind of joint, class, or collective claim arising 
from or relating to a work dispute in any forum 
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that, but for such agreement, is of competent juris-
diction, unless the agreement meets the require-
ments of paragraph (2) of this subsection; and 
‘‘(5) 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 dispute. 
‘‘(b) STATUTE OF LIMITATIONS.—During the waiting 
period described in subsection (a)(2)(C), the statute of 
limitations for any claims that arise from or form the basis 
for the applicable work dispute shall be tolled. 
‘‘(c) CIVIL ACTION.—Any person who is injured by 
reason of a violation of subsection (a)(5) may bring a civil 
action in the appropriate district court of the United 
States against the covered entity within 2 years of the vio-
lation, or within 3 years if such violation is willful. Relief 
granted in such an action shall include a reasonable attor-
ney’s fee, other reasonable costs associated with maintain-
ing the action, and any appropriate relief authorized by 
section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–5(g)) or by section 1977A(b) of the Revised Stat-
utes (42 U.S.C. 1981a(b)). 
‘‘(d) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This chapter applies to cov-
ered entities and workers engaged in activity affect-
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ing commerce to the fullest extent permitted by the 
Constitution of the United States, including the 
work of persons engaged in domestic service in 
households, as described in section 2(a) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 202(a)). 
An issue as to whether this chapter applies to an ar-
bitration agreement shall be determined under Fed-
eral law. The applicability of this chapter to an 
agreement to arbitrate and the validity and enforce-
ability of an agreement to which this chapter applies 
shall be determined by a court, rather than an arbi-
trator, regardless of whether any contractual provi-
sion purports to delegate such determinations to the 
arbitrator and irrespective of whether the party re-
sisting arbitration challenges the arbitration agree-
ment specifically or in conjunction with other terms 
of the contract containing such agreement. 
‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.— 
Nothing in this chapter shall apply to any arbitra-
tion provision in a contract between a covered entity 
and a labor organization, except that no such arbi-
tration 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 States, the constitution of a State, or a 
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Federal or State statute, or public policy arising 
therefrom.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Title 9 of the United States 
Code is amended— 
(A) in section 1, by striking ‘‘of seamen,’’ 
and all that follows through ‘‘interstate com-
merce’’; 
(B) in section 2, by inserting ‘‘or as other-
wise provided in chapter 4’’ before the period at 
the end; 
(C) in section 208— 
(i) in the section heading, by striking 
‘‘Chapter 1; residual application’’ 
and inserting ‘‘Application’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘This chapter applies to the extent 
that this chapter is not in conflict with 
chapter 4.’’; and 
(D) in section 307— 
(i) in the section heading, by striking 
‘‘Chapter 1; residual application’’ 
and inserting ‘‘Application’’; and 
(ii) by adding at the end the fol-
lowing: ‘‘This chapter applies to the extent 
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that this chapter is not in conflict with 
chapter 4.’’. 
(2) TABLE OF SECTIONS.— 
(A) CHAPTER 2.—The table of sections for 
chapter 2 of title 9, United States Code, is 
amended by striking the item relating to section 
208 and inserting the following: 
‘‘208. Application.’’. 
(B) CHAPTER 3.—The table of sections for 
chapter 3 of title 9, United States Code, is 
amended by striking the item relating to section 
307 and inserting the following: 
‘‘307. Application.’’. 
(3) TABLE OF CHAPTERS.—The table of chap-
ters for title 9, United States Code, is amended by 
adding at the end the following: 
‘‘4. Arbitration of work disputes ..............................................................
401.’’. 
SEC. 4. PROTECTION OF CONCERTED ACTIVITY. 
(a) AGREEMENTS.—Section 8(a) of the National 
Labor Relations Act (29 U.S.C. 158(a)) is amended— 
(1) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(6)(A) to enter into or attempt to enforce any 
agreement, express or implied, whereby prior to a 
dispute to which the agreement applies, an employee 
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undertakes or promises not to pursue, bring, join, 
litigate, or support any kind of joint, class, or collec-
tive claim arising from or relating to the employ-
ment of such employee in any forum that, but for 
such agreement, is of competent jurisdiction; 
‘‘(B) to coerce such an employee into under-
taking or promising not to pursue, bring, join, liti-
gate, or support any kind of joint, class, or collective 
claim arising from or relating to the employment of 
such employee; or 
‘‘(C) to retaliate or threaten to retaliate against 
an employee for refusing to undertake or promise 
not to pursue, bring, join, litigate, or support any 
kind of joint, class, or collective claim arising from 
or relating to the employment of such employee: 
Provided, That any agreement that violates this 
paragraph or results from a violation of this para-
graph shall be to such extent unenforceable and 
void: Provided further, That this paragraph shall not 
apply to any agreement embodied in or expressly 
permitted by a contract between an employer and a 
labor organization.’’. 
(b) CONFORMING AMENDMENT.—Section 10(b) of 
the National Labor Relations Act (29 U.S.C. 160(b)) is 
amended by striking ‘‘discharge’’ and inserting ‘‘dis-
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charge, or unless the person aggrieved thereby is an em-
ployee alleging a violation of section 8(a)(6) whose charge 
involves a postdispute arbitration agreement that meets 
the requirements under section 402(a)(2) of title 9, United 
States Code, or an agreement described in section 
402(a)(4) of such title that meets the requirements under 
subparagraphs (A) through (D) of section 402(a)(2) of 
such title, in which event the six-month period shall be 
computed from the day the waiting period described in 
subparagraph (C) of such section ends’’. 
SEC. 5. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, 
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 date, including any dispute 
or claim to which an agreement predating such date ap-
plies. 
Æ 
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