H.R. 9995 — Restoring Justice for Workers Act

This section states congressional findings that millions of workers must accept forced arbitration clauses blocking court access and class or collective actions as a condition of employment, that the Federal Arbitration Act was not intended to cover employment disputes, and that such clauses undermine workers' rights under the National Labor Relations Act to engage in concerted activity.

This section establishes the purposes of the Act to prohibit predispute arbitration agreements requiring arbitration of work disputes, prohibit retaliation against workers who refuse to arbitrate such disputes, ensure postdispute arbitration agreements are voluntary and based on informed consent, and amend the National Labor Relations Act to bar agreements or practices interfering with employees' concerted activity on work disputes.

This section makes it an unfair labor practice for an employer to enter into or attempt to enforce a pre-dispute agreement that bars an employee from pursuing, joining, or supporting any joint, class, or collective claim arising from employment, to coerce an employee into such an agreement, or to retaliate against an employee for refusing one. It renders any such agreement unenforceable and void, except agreements embodied in or expressly permitted by a contract with a labor organization, and extends the six-month filing period for related charges when the employee alleges a violation involving a qualifying postdispute arbitration agreement.

This section prohibits predispute arbitration agreements and joint-action waivers for work disputes between workers and covered entities. It renders postdispute arbitration agreements and joint-action waivers unenforceable unless the covered entity imposes no requirement or coercion, provides plain-language disclosures of rights, allows a minimum 45-day waiting period, and obtains written affirmative consent. The section tolls applicable statutes of limitations during the waiting period, bars retaliation against workers who refuse such agreements, and authorizes civil actions for violations with attorney fees and other relief. It applies to all activity affecting commerce, including domestic service workers and independent contractors, using the definitions of commerce, employee, and employer from section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).

This section makes the Act effective on the date of enactment and applies its provisions to any dispute or claim that arises or accrues on or after that date, including disputes or claims subject to agreements predating enactment.