Forced Arbitration – FAIR or not?

In September, the House passed H.R. 1423, the Forced Arbitration Injustice Repeal Act (“FAIR Act”). Proponents of the Act contend that arbitration agreements infringe upon an employee’s right to access the court system. Opponents believe that arbitration provides a quicker path to justice than the court system. While experts predict the FAIR Act will be “dead on arrival” in the Senate, there remains significant opposition to arbitration agreements on public policy grounds. For now, consider your employee make-up and business needs in determining whether an arbitration agreement is right for your workplace.