Assessing The Franken Amendment

Law360, New York (February 16, 2011, 12:42 PM EST) -- On Dec. 8, 2010, the U.S. Department of Defense issued a final rule implementing Section 8116 of the Defense Appropriations Act for Fiscal Year (FY) 2010 (Pub. L. No. 111-118), often referred to as the “Franken Amendment,” after its sponsor, Sen. Al Franken of Minnesota.

The Franken Amendment imposes a restriction on the ability of certain DOD contractors and subcontractors to enter into or enforce mandatory arbitration agreements with their employees and therefore has potentially far-reaching significance for affected contractors and subcontractors.


The Franken Amendment...
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