Lauren on the show Welcome to New York
Posted: Tue Dec 17, 2024 7:08 am
Beginning in 2020, California employers can no longer make mandatory arbitration agreements a condition of employment.
2.1 Who chooses the referee?
One of the key aspects of the flexibility of the arbitration process is choosing the arbitrator. Unlike a case in civil court, where the parties are stuck with the judge they are assigned to, arbitration allows the parties to choose an arbitrator with experience in the area of dispute. One drawback to this, however, is that employers often try to choose arbitrators they feel are favorable to their case.
2.2 Who pays the arbitration fees?
One positive aspect of arbitration for employees is that California law requires employers to pay the costs of arbitration. This is good because while arbitration is generally less expensive than civil litigation, it singapore email list can still range into the tens of thousands of dollars in some cases.
3. What laws govern arbitration agreements?
There are two main laws governing arbitration: one created by the California legislature and the other a product of the federal government:
The California Arbitration Act (CAA), 1 and
The Federal Arbitration Act (FAA). 2
The specific requirements of each law may differ, and conflicts often occur between federal and California law. Federal law trumps state law, and any inconsistencies will be eliminated in favor of federal law.
California employers can no longer make arbitration agreements a condition of employment.
2.1 Who chooses the referee?
One of the key aspects of the flexibility of the arbitration process is choosing the arbitrator. Unlike a case in civil court, where the parties are stuck with the judge they are assigned to, arbitration allows the parties to choose an arbitrator with experience in the area of dispute. One drawback to this, however, is that employers often try to choose arbitrators they feel are favorable to their case.
2.2 Who pays the arbitration fees?
One positive aspect of arbitration for employees is that California law requires employers to pay the costs of arbitration. This is good because while arbitration is generally less expensive than civil litigation, it singapore email list can still range into the tens of thousands of dollars in some cases.
3. What laws govern arbitration agreements?
There are two main laws governing arbitration: one created by the California legislature and the other a product of the federal government:
The California Arbitration Act (CAA), 1 and
The Federal Arbitration Act (FAA). 2
The specific requirements of each law may differ, and conflicts often occur between federal and California law. Federal law trumps state law, and any inconsistencies will be eliminated in favor of federal law.
California employers can no longer make arbitration agreements a condition of employment.