More than half of private-sector workers who don't belong to a union are subject to some sort of mandatory arbitration provision, according to the Economic Policy Institute.
Supreme Court Justices Neil Gorsuch and Brett Kavanaugh attend the State of the Union address in the chamber of the U.S. House of Representatives at the U.S. Capitol Building on February 5, 2019 in Washington, DC. Gorsuch wrote the majority opinion in the Epic Systems Corp v. Lewis case, which upheld the use of class action waivers in mandatory arbitration agreements.
Johnson said that his bill, the FAIR Act, would"level the playing field" for American workers and consumers. Outcomes in mandatory arbitration cases have also been found to be skewed against plaintiffs in favor of the corporations that established the system.from 2011 found that employees win their arbitration claims 21.4 percent of the time, compared with a win rate of 36.4 percent for cases brought in federal court. State court claims brought more favorable decisions for employees, earning them a win rate against employers of 57 percent.
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