When I attend holiday cocktail parties, people often ask me employment law questions. They ask other questions as well, like why would someone invite a lawyer to a cocktail party — such dull company. I can’t answer that one but here is a more topical question — what is the one best thing an employer can do to protect itself from disastrous employment litigation? My answer is to start an arbitration program for your workplace.
I won’t bore you with a lengthy recitation of the law of arbitration in the non-union workplace over the past couple of decades. Suffice it to say that it is entirely possible to craft a fully enforceable arbitration agreement that requires employees to submit every dispute they could otherwise file in court to arbitration. This is a tremendous coup for the employer because it eliminates the possibility of a jury trial. Instead of a jury that would feel sorry for the employee and assume that the employer has millions of dollars to give away, the case must be tried to an arbitrator who has experience in employment law. This means that the employee will actually have to prove not only the asserted claims but his or her damages as well.
Of course, this is no guarantee of victory for the employer but it certainly reduces the possibility of a runaway jury awarding an employee an exorbitant amount of damages. Also, in general, arbitration is somewhat less expensive and less protracted than litigation in court. As an extra bonus, plaintiffs’ attorneys often lose interest in a case when the possibility of a jury trial is removed.
A great deal of my practice is devoted to arbitration of employment law claims. Frankly, I am amazed that more employers do not use arbitration, considering the advantages it offers.
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- EEOC
- Department of Labor
- Discrimination
- Labor Law
- FMLA
- Wage & Hour
- NLRB
- Arbitration
- National Labor Relations Board
- Americans with Disabilities Act
- Coronavirus
- Affirmative Action
- Immigration
- Diversity
- Social Media
- Reasonable Accommodation
- FLSA
- Sexual Harassment
- Employer Policies
- Title VII
- Sixth Circuit
- Employment Litigation
- Religion Discrimination
- Transgender Issues
- Employer Rules
- Workplace Violence
- Non-Compete Agreements
- Pregnancy Discrimination
- Overtime Pay
- Employee Benefits and Executive Compensation
- National Enforcement Plan
- OSHA
- Privacy
- Artificial Intelligence
- Holiday Policies
- Department of Justice
- NLRA
- Compliance
- Independent Contractor
- Joint Employer
- Telework
- Workplace Accommodations
- Supreme Court
- Federal Trade Commission
- Paid Leave Laws
- Litigation
- Tax Credit
- IRS
- Employee Tips
- One Big Beautiful Bill
- Worker Classification
- Harassment
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Medical Marijuana
- Performance Improvement Plans
- Department of Homeland Security
- Immigration and Customs Enforcement
- Accommodation
- Foreign Nationals
- Immigration and Nationality Act
- Sexual Orientation Discrimination
- Employer Handbook
- Inclusion
- LGBTQ+
- ADAAA
- ERISA
- Race Discrimination
- Unions
- ACA
- Affordable Car Act
- Technology
- Federal Arbitration Act
- Medical Cannabis Dispensaries
- Disability
- Whistleblower
- United States Supreme Court
- 401(k)
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Employment Settlement Agreements
- Benefits
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- E-Discovery
- Evidence
- Paycheck Protection Program
- Environmental Law
- Family and Medical Leave Act
- Privacy Laws
- Securities Law
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Healthcare Reform
- Representative Election Regulations
- Older Workers' Benefit Protection Act (OWBPA)
- Electronically Stored Information
- Telecommuting
- Compensable Time
- Equal Opportunity Clause
- Occupational Safety and Health Administration
- Security Screening
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
Recent Posts
- EEOC Proposes Overhaul of Federal Workplace Discrimination Complaint Process
- OFCCP Publishes Final Rules Reducing Federal Contractor Affirmative Action Obligations
- US Court of Appeals puts $100,000 H-1B Fee on Hold Again
- Asking Is Protected: Sixth Circuit Expands FMLA Retaliation Protections
- New DHS Rule Will Restrict Student Periods of Admission from Duration of Status to Fixed End Date
- TPS Haiti Termination: How Employers Can Ensure I-9 Records Remain Compliant
- A New Enforcement Era: What Employers Should Know About the EEOC’s 2025–2029 National Enforcement Plan
- Beyond Paid Time Off: The Legal Side of Holiday Policies
- EEO-1 Reporting on the Chopping Block: What Employers Need to Know
- DOL Proposes New Joint Employer Rule: What Employers Need to Know