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Imposing Injustice: The Prospect Of Mandatory Arbitration For Guestworkers, Annie Smith
Imposing Injustice: The Prospect Of Mandatory Arbitration For Guestworkers, Annie Smith
Annie Smith
Legislators and employers have taken steps in recent years to expand guestworker visa programs, programs that allow employers to recruit and hire foreign workers to temporarily labor in the United States. At the same time, there have been efforts to reduce the role of public law in guestworkers’ lives and limit their access to courts. Some legislators proposing reforms to guestworker visa programs have endorsed employer-led efforts to prevent judicial oversight of guestworkers’ claims and mandate private arbitration instead. Outside of Congress, recent Supreme Court decisions confirm the Court’s broad approval of mandatory arbitration as an acceptable alternative to litigation …