In an op-ed published by the Los Angeles Times, Professor Matthew Finkin discusses how mandatory arbitration clauses have become common practice. With their lawfulness now being considered by the Supreme Court, he argues that the Court should uphold decisions by the Seventh and Ninth Circuits, as well as decades of rulings by the National Labor Relations Board, and rule that forced arbitration waivers violate our federal labor laws. He writes:
"How would a non-unionized worker who is regularly cheated out of overtime find a lawyer willing to take her claim? Only if she joins together with other workers who have suffered the same. As the authors of one study pointed out, the argument is 'hard to square with the reality that few employees accept the invitation.' Few, if any, employees can pursue their claims individually. Indeed, this is exactly what these employers are betting on."
LA Times op-ed
Note: The views expressed are those of the author and do not necessarily reflect the views of the University of Illinois College of Law.