Understand the pros and cons of using arbitration for employee dispute resolution and specific drafting considerations.
Many employers turn to arbitration as a means of resolving disputes with their employees in place of litigation in state or federal courts. Recent statutory and case law developments, as well as the advent of “mass” or “serial” arbitration filings by large groups of employees, have added important new legal and strategic considerations for employers. This presentation will help the people responsible for deciding whether to add arbitration provisions to employment agreements to understand the current employment arbitration landscape. The live webinar explains the pros and cons of using arbitration for employee dispute resolution, new legal requirements and restrictions related to arbitration, and specific drafting considerations. This workshop is critical for employers so they can ensure their use of employee.
Agenda
Arbitration Background
- Primary Arbitration Bodies
- FAA
- State Arbitration Law
Does Arbitration Make Sense?
- Comparison to Court Litigation
- Risk Profile and Claim History
- Additional Pros and Cons
Federal Requirements/Restrictions
- EFAA
- Federal Government Contractors
- Franken Amendment
State-Specific Requirements/Restrictions
- Metoo and Other Laws Restricting Mandatory Arbitration of Sexual Harassment Claims
- California/Paga Claims
Class Waivers
- Serial and Mass Arbitrations
- Drafting Considerations
Additional Drafting Considerations
- Standalone Agreement vs. Provision in Employment Agreement
- Forum and Arbitration Selection Strategies
Speakers
Adam Weiner,
Perkins Coie LLP- Counsel – Perkins Coie LLP
- Adam Weiner counsels employers of all sizes regarding discrimination and harassment, wage-and-hour compliance, employee performance management, leaves of absence, handbooks and personnel policies, reductions in force, independent contractors, separation agreements, restrictive covenants, and other labor and employment issues.
- He has experience across industries, including energy, healthcare, manufacturing, professional services, technology, and nonprofits, and is adept at tailoring his legal solutions to a client’s particular circumstances and culture.
- JD, University of Chicago
Arthur Rooney,
Perkins Coie LLP- Partner – Perkins Coie LLP
- Arthur Rooney’s experience includes over 20 years representing employers in employment and labor law matters, particularly in class and collective actions.
- He works with clients in a range of industries, including technology, manufacturing, and construction, litigating cases before federal and state courts and administrative agencies throughout the United States.
- JD, University of Virginia
