Employers are forcing employees to sign predispute arbitration agreements as a condition of employment. Are these enforceable — and what are some recent responses to these attempts to restrict employees’ legal rights?
This article by TELG principal Adam Augustine Carter and TELG managing principal R. Scott Oswald was published by Bloomberg BNA Daily Labor Report on November 13, 2014. The full article is available as a PDF on our site.
Forced Arbitration Clauses as Condition of Employment
Predispute arbitration clauses are becoming increasingly common, found in everything from the fine print you ignore when installing most new software to credit card agreements, and even the popular online service Instagram.
Employers of all sizes are also hopping on the arbitration bandwagon and forcing employees to sign predispute arbitration agreements as a condition of employment.
This article discusses the general framework behind the enforceability of predispute arbitration clauses in employment agreements and recent state and federal legislative responses to employers’ attempts to restrict employees’ ability to enforce their legal rights.