The U.S. Congress has once again utilized the expedited procedures provided in the once obscure Congressional Review Act (CRA) to invalidate a controversial Obama-Era regulation – this time, an anti-arbitration regulation promulgated by the Consumer Financial Protection Bureau (CFPB). The deciding vote came in the U.S. Senate on October 24, 2017, with Vice President Pence breaking a 50 – 50 tie.

President Trump signed the resolution into law on November 1, 2017. Although the now-repealed regulation applied to the use of arbitration agreements related to consumer financial products or services and did not directly impact employment agreements, the policy justifications used by the CFPB are similar to those used by those who would like to ban arbitration in the employment context. Accordingly, Congressional rejection of those arguments indicates that arbitration still has support among lawmakers, albeit by the narrowest of margins.

Members of the Center for Workplace Compliance (CWC) can read more here.