Jordan in www.theaustintriallawyer.com/. Both parties to the dispute must agree on an arbitration procedure. A signed written agreement is not absolutely necessary as long as there is a written agreement on which both parties agree, it would be desirable to have signed it. An arbitration agreement is an agreement in which workers waive their right to sue the employer in court and let their case be decided by a jury. Instead, under such an agreement, any dispute must be referred to a private arbitrator whose employer often pays high fees. While arbitration may be useful in some cases where the parties have the same bargaining power, it is often misused under labour law, where the worker is relatively powerless in relation to the employer. However, not all cases fall into these categories and it is at this stage that it belongs to the State. The Texas Arbitration Act states that a written arbitration agreement is applicable if the agreement is to discuss a conflict existing at the time of the agreement or a dispute that arises after the agreement arises. The Dodd-Frank Act created a “reward program” (bonus) for whistleblowers who voluntarily provide original information about fraud or illegal activities in violation of the Sarbanes-Oxley Act, the Foreign Corrupt Practices Act and other violations of securities law. The Dodd-Frank Act also protects whistleblowers from retaliation and makes preliminary whistleblower arbitration agreements. A recent decision of the U.S. Fifth Circuit Court of Appeals, Kubala v. Supreme Production Services, Inc., 2016 WL 3923866 (5th Cir.
July 20, 2016), illustrates the dangerous legal situation that many Texas workers face when it comes to forced arbitrations. In this case, an oilfield worker sued his employer, claiming that overtime pay had been illegally denied to him and other employees, as required by the FLSA. Two days after the complaint was filed and before the employer claimed to have knowledge of the case, the employer announced that anyone who continues to work for the company will be subject to a “new arbitration directive regulating all labour law disputes.” The Tribunal even considered that it was irrelevant that the employer imposed this new arbitration directive after the applicant had lodged his appeal. . . .