Employment Arbitration Agreements (US) | Practical Law

Employment Arbitration Agreements (US) | Practical Law

A Practice Note to assist employers and their counsel when entering into or revising mandatory arbitration agreements with their employees. This Note addresses employment arbitration under the Federal Arbitration Act (FAA), as amended by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), and covers the benefits and drawbacks of arbitration, the enforceability of arbitration agreements, defenses to enforcement such as procedural and substantive unconscionability, class and collective action waivers, opt-out provisions, and other drafting and practical considerations. This Note is intended for use by private employers with their nonunionized workforce and is based on federal law, but highlights issues where state law may impose different or additional requirements. For state-specific employment arbitration resources, see State Employment Litigation and Arbitration Toolkit: State-Specific Resources.

Employment Arbitration Agreements (US)

Practical Law Practice Note w-015-2380 (Approx. 99 pages)

Employment Arbitration Agreements (US)

by Practical Law Labor & Employment
A Practice Note to assist employers and their counsel when entering into or revising mandatory arbitration agreements with their employees. This Note addresses employment arbitration under the Federal Arbitration Act (FAA), as amended by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), and covers the benefits and drawbacks of arbitration, the enforceability of arbitration agreements, defenses to enforcement such as procedural and substantive unconscionability, class and collective action waivers, opt-out provisions, and other drafting and practical considerations. This Note is intended for use by private employers with their nonunionized workforce and is based on federal law, but highlights issues where state law may impose different or additional requirements. For state-specific employment arbitration resources, see State Employment Litigation and Arbitration Toolkit: State-Specific Resources.