Overview: Mandatory arbitration is one of a handful of traditionally mundane areas of corporate law that within the past few years have faced enhanced public scrutiny. At the center of these issues is a belief that companies hold too much sway and power over workers to the detriment of not only those workers, but to the detriment of everyone else as well. Bans on mandatory arbitration are often bundled with bans on no-poach agreements (historically, common in franchise agreements) and in fact, Democrats in the U.S. House recently approved legislation (the FAIR Act) that addresses both issues. It’s worth noting that many of the Democratic Presidential candidates have also included these provisions in their campaign platforms.
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