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Arbitration Agreements › Employee Rights › Dispute Resolution

Proskauer - California Employment Law

Arbitration Agreement Was Unconscionable

Proskauer - California Employment Law on

Velarde v. Monroe Operations, LLC, 111 Cal. App. 5th 1009 (2025) - The Court noted “[t]here was extensive evidence of procedural unconscionability, with an adhesive contract, buried in a stack of 31 documents to be signed...more

Ervin Cohen & Jessup LLP

Surprise! Misleading Statements and Time Pressure May Render an Employer’s Arbitration Agreement Unenforceable

Ervin Cohen & Jessup LLP on

Employers have long been scrutinized for perceived unequal bargaining power when it comes to enforcement of company-drafted arbitration agreements. Indeed, both the California legislature and the courts have aimed to protect...more

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

Dickinson Wright on

Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Preventing Class and Collective Actions

Clark Hill PLC on

This fifth installment of our series on employment arbitration delves into how an arbitration program can effectively eliminate multi-plaintiff, class, and collective actions brought by employees. The impact of eliminating...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Part 1

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There may be no single, more efficient step an employer can take to manage litigation risk from its workforce than a properly administered mandatory employee arbitration program. An employee arbitration program is a powerful...more

CDF Labor Law LLP

AAA Updates Employment Arbitration Rules as of May 1, 2025

CDF Labor Law LLP on

The American Arbitration Association (“AAA”) recently updated its “Employment/Workplace Arbitration Rules and Mediation Procedures” (formerly entitled the “Employment Arbitration Rules”), effective May 1, 2025. The updates to...more

Sheppard Mullin Richter & Hampton LLP

Major Changes to AAA Employment Arbitration Rules: What Employers and Litigants Need to Know

Sheppard Mullin Richter & Hampton LLP on

Effective May 1, 2025, the American Arbitration Association (“AAA”) implemented significant revisions to AAA Employment/Workplace Arbitration Rules and Mediation Procedures. According to the AAA, these revisions aim to...more

Ervin Cohen & Jessup LLP

Arbitration Fee Payment Statute Does Not Apply To Post-Dispute Arbitration Agreements

Ervin Cohen & Jessup LLP on

There is no greater threat to an employment arbitration than Code of Civil Procedure section 1281.98, which mandates that the party who drafted the arbitration agreement pay the fees and costs of the arbitration within 30...more

Littler

The Sixth Circuit Rules on Arbitration Clause Enforcement

Littler on

The U.S. Court of Appeals for the Sixth Circuit has ruled that an arbitration provision in a plaintiff’s employment contract is binding and enforceable, even if the employer did not explain the provision or recommend the...more

Jaburg Wilk

Can I Be Forced to Arbitrate My Sexual Assault/Harassment Claims?

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On March 3, 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) which precludes employers from requiring employees to arbitrate disputes related to sexual assault or...more

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