SB 728 - In arbitration agreements between an employer and an employee, the arbitrator shall make all initial decisions as to arbitrability, which includes deciding whether the parties have agreed to arbitration, whether the arbitration agreement is valid and enforceable, and whether specific claims are arbitrable. Furthermore, the act establishes certain criteria for when the arbitrator shall determine that the arbitration agreement is valid. On motion by a party showing that the arbitration agreement does not expressly delegate the issue of arbitrability to the court, the court shall stay the action and order the parties to proceed to arbitration. These provisions shall not apply to arbitration agreements contained in a collective bargaining agreement nor shall these provisions be construed as the exclusive means for entering into a valid and enforceable arbitration agreement.

Additionally, any clause in an arbitration agreement between an employer and an at-will employee that requires arbitration proceedings to be confidential and nondisclosable shall not be enforceable as to claims of sexual harassment, sexual assault, or claims of discrimination based on a protected status.

This act is similar to SS/SB 154 (2019), HB 503 (2019), SB 578 (2018), SB 831 (2018), provisions in SCS/SB 1102 (2018), HB 1402 (2018), HB 1512 (2018), a provision in HB 2552 (2018), SB 45 (2017), HCS/HB 156 (2017), HB 976 (2017), SCS/SB 746 (2016), HCS/HB 1718 (2016), SB 412 (2015), and HB 928 (2015).

KATIE O'BRIEN

Statutes affected:
Introduced (3063S.01): 435.350, 435.352, 435.355, 435.440

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Senate Committee Minutes:
SENATE COMMITTEE MINUTES Bill No.: SB 728
Sponsor: Luetkemeyer
Hearing Date: 2/11/2020


COMMITTEE: Government Reform

CHAIRMAN: Emery

DATE REFERRED: 1/30/2020 DATE HEARING REQUESTED: 1/30/2020



STAFF:
Steve Ahlers
Rose Granich
Heidi Kolkmeyer
Rob Krosley
Scott Svagera


WITNESSES GIVING INFORMATION:



WITNESSES FOR:
Ray McCarty - Associated Industries of Missouri
David Overfelt - Associated Industries of Missouri
Rich AuBuchon - MO Civil Justice Coalition, APCIA
Matthew Panik - Missouri Chamber of Commerce & Industry
Doug Nelson - U.S. Chamber - Institute of Legal Reform


WITNESSES AGAINST:
Eric Playter - MATA