Employment Arbitration Provisions and Checklists: Updates and Practical Guidance
OVERVIEW
The menu of available forms of Alternative Dispute Resolution (ADR) is limited only by the imaginations of attorneys and
their clients. The label “ADR” is
applied to such typical dispute-resolution techniques as negotiation, mediation
and, of course, arbitration. Less typical ADR methods include mini-trials,
med/arb combinations, interest arbitration, non-binding advisory arbs, and
more. No one size fits all.
However, the US Supreme Court’s recent
decisions have made binding arbitration agreement particularly appealing to
employers who want to avoid class-action suits under the FairLabor Standards
Act and #MeToo actions.
WHY SHOULD YOU ATTEND
Knowing the pros and cons of arbitration
agreements and how to draft an arbitration agreement in employment and
collective bargaining agreements that will withstand challenge are crucial
skills to add to your HR tool bag, whether yours is a small or a multi-national
business or a non-profit institution.
AREAS COVERED
- How to draft an arbitration
agreement into your employment and sales contracts that courts will
enforce under Epic Systems
- Employment arbitration rules and
mediation procedures
- The pros and cons of negotiation,
mediation and arbitration: when to use them, alone or in combination
- Typical ADR rules and procedures
- How to pick the right neutral:
arbitrator, mediator, negotiator
- When and what to expect from
court-mandated ADR
- ADR and government agencies such
as the EEOC
LEARNING OBJECTIVES
On May 21, 2018, the U.S. Supreme Court
announced its long-anticipated decision in Epic Systems Corporation v. Lewis (138 S.Ct. 1612) in
which the majority confirmed that a company can require a disgruntled employee
to abide by the arbitration agreements in employment contracts. A big deal? You
bet, when the alternative is a class-action suit brought on behalf of all
similarly situated employees, as with a wage & hour claim.
Throw in the possibility of a six-figure
attorney’s fee, if the plaintiffs prevail and that little ol’ arbitration
clause can save a company millions!
WHO WILL BENEFIT
- In-House Counsel
- Human Resources
- Labor Relations
- Affirmative Action Officers
- Contract Administrators
SPEAKER
Jim Castagnera holds an M.A. in Journalism
from Kent State University, and a J.D. and Ph.D. (American Studies) from Case
Western Reserve University. He practiced law for 36 years, before
retiring in June 2019: 10 years as a labor, employment and
intellectual-property attorney with Saul Ewing Arnstein & Lehr; 3 years as
general counsel for Wharton Econometric Forecasting Associates; 23 years as
associate provost & legal counsel for academic affairs at Rider University.
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Hurry! Offer valid only till November 30th 2019.
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