As far as their contract goes -- IANAL, and I can only speak to what I learned when researching contracts a few years ago. The short version is: "It depends."
IIRC:
In some areas, a contract that includes something which is actually illegal makes the whole thing unenforceable.
However, in many areas, if one section of the contract contains something illegal, then only that section is considered unenforceable, and effectively stricken from the contract. If the 'arbitration clause' was legal at the time the contracts were signed, the workers may be SOL. That being said. a good lawyer could still help with something like that if the "no arbitration" law is in effect and enforceable.
I do not know which is the case here.
IIRC:
In some areas, a contract that includes something which is actually illegal makes the whole thing unenforceable.
However, in many areas, if one section of the contract contains something illegal, then only that section is considered unenforceable, and effectively stricken from the contract. If the 'arbitration clause' was legal at the time the contracts were signed, the workers may be SOL. That being said. a good lawyer could still help with something like that if the "no arbitration" law is in effect and enforceable.
I do not know which is the case here.
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