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Employer Responsibilities › Arbitration Agreements

Bennett Jones LLP

BC Court of Appeal Upholds Arbitration and Foreign Law Clauses in Employee Incentive Plan

Bennett Jones LLP on

In Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261 (Wiederhold), the British Columbia Court of Appeal enforced an arbitration/forum selection clause in an employee incentive plan, overturning a lower court decision and...more

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

Payne & Fears

Employers: How You Present an Arbitration Agreement Is Just as Important as What the Agreement Says

Payne & Fears on

Employers in California often present new employees with an arbitration agreement, usually at onboarding. Employers often — or at least they should — take great care when drafting arbitration agreements to ensure they comply...more

Ervin Cohen & Jessup LLP

Employers Beware: Lessons from Sanders v. Superior Court of Los Angeles County

Ervin Cohen & Jessup LLP on

In the recent decision in Sanders v. Superior Court of Los Angeles County, the California Court of Appeal reinforced the consequences for employers who fail to timely pay arbitration fees in employment disputes....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

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appeals Court Decides PAGA Lawsuit Can’t Be Sent to Arbitration Without Individual Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on

A California court of appeal recently upheld a trial court’s ruling that rejected a sanitation company’s effort to compel arbitration of individual claims under California’s Private Attorneys General Act (PAGA), where the...more

Akerman LLP - HR Defense

Back to Basics: The 2025 Employment Law Playbook

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The employment law landscape has seen widespread changes on the federal and state levels in recent years. In light of what is poised to be years of even more changes, now is an opportune time to re-examine the basics of a...more

Bressler, Amery & Ross, P.C.

The Future of Mandatory Arbitration of Sexual Assault and Harassment Claims

Bressler, Amery & Ross, P.C. on

On February 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R.4445), previously passed by the House of Representatives on February 7, 2022. The Act, if...more

Baker Donelson

Proposed PRO Act: An Act to Follow

Baker Donelson on

The Protecting the Right to Organize Act (PRO Act) was passed by the U.S. House of Representatives on March 9. While it previously passed the House last year, this time around it has significant backing from the Biden...more

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