The Washington Post and The New York Times harshly criticize Donald Trump, accusing him of abandoning workers as he steers labor policy towards greater powers and rights for employers. Trump, who won the election by defending workers’ rights and promising new jobs, is now under attack from American media as his administration supports labor contracts that resolve disputes outside of courts.
These claims are supported by three cases before the Supreme Court that assess the rights and powers of employers on one side, workers on the other, and the state on the third side.
The essence of the issue in all three court proceedings boils down to evaluating whether employers can require workers to voluntarily waive certain rights, thereby preventing them from seeking protection through the courts.
Such contracts force workers to give up the possibility of seeking their rights through the courts, instead signing a consent that means they can only seek compensation for their work in out-of-court arbitration proceedings. Recently, an American court allowed Uber to sign such contracts with its workers and users. This issue is now before the U.S. Supreme Court.
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Minimum wage, protection against workplace discrimination, and the right to return to work after serving in the military are not covered by this type of contract.
