How To Craft Airtight Arbitration Agreements

Yesterday, we looked at a recent California court case that highlighted the various factors you need to think about when you draft your arbitration agreements—as well as how you present them to employees. Today, some tips for success.

[click here for the facts of the case]

How To Get Proper Employee Consent

The Court of Appeals in this case focused largely on how the employer went about obtaining its employees’ consent to arbitration. How can you get consent in a way that will stand up in court?

Make It Obvious

To begin with, make sure you provide notice of the mandatory arbitration requirement on all standard employment applications and in written offers of employment.

The mistake AccentCare made wasn’t necessarily that it included the agreement in the job application; rather, it was slipping the agreement in among other standard provisions and making it “take-it-or-leave it.” Instead, employers should bring arbitration requirements to applicants’ attention, give them time to review the requirements, and be willing to discuss and explain them.

Your applications and offers should also clearly refer to a separate document with the arbitration agreement, procedures, and rules. New employees should sign a waiver forfeiting their right to pursue claims covered by the agreement in court and acknowledging they received the arbitration document.

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The Bare Minimum

When it comes to the terms of the agreement itself, California courts have established that enforceable arbitration agreements must, at a minimum:

• provide for neutral arbitrators
• provide for adequate discovery of facts and evidence by both parties before arbitration
• require a written arbitration decision that will allow a court to review the decision
• provide for all remedies that would be available in court
• not require employees to pay unreasonable costs or arbitration fees (an employee’s expenses shouldn’t unreasonably exceed those that would be incurred pursuing a lawsuit in court)
• provide for mutuality (meaning both parties have to pursue claims arising out of the employment relationship in arbitration, not the courts)

Effective Dispute Resolution, Retaliation, Leaves, Wage/Hour, Meals & Breaks, and More—Just for California Employers

Being an HR professional in California is a high-hazard activity, to say the least. In addition to juggling all of the federal rules and requirements, you also need to keep track of a very nit-picky set of state-specific, highly employee-friendly rules.

Which is why we hope you’ll consider joining us this fall for the 7th annual California Employment Law Update conference in Berkeley!

This acclaimed annual event, specifically designed for California employers, delivers rock-solid, bottom-line value with practical guidance for overcoming the latest HR challenges in California.

Join us and learn the latest on …

EMPLOYMENT LAW ENFORCEMENT

The EEOC is ramping up, requesting for 2012 an $18 million budget increase over 2011 and slots for 30 new investigators. And California is stepping up its enforcement game, too. What can you as a California employer expect from this new spotlight on the state and federal antibias laws? An uptick in claims of disability bias, age bias, bias on the basis of genetic information, and more. It’s time to get prepared.

• Equal Employment: Learn how to protect yourself from litigious employees and zealous government investigators.
• NLRB: Get up to speed on the NLRB’s latest pro-union initiatives—and learn how to stay off its their radar.
• Wage/hour: Avoid the most common—and costly—employee misclassification errors that can destroy your reputation and your bottom line.
• OFCCP: Don’t get caught in a costly spot inspection—we’ll explain how to stay out of trouble. 

FMLA/CFRA & ADA COMPLIANCE

The new ADAAA regulations have dramatically changed the face of FMLA—now, because so many more people with “serious health conditions” are also considered “disabled” under the ADAAA, the 12-week cap on FMLA leave may be turning into a thing of the past in many cases. And, of course, the California Family Rights Act (CFRA) already gives employees heightened protections. How to legally accommodate your employees and keep your business running smoothly these days?

• Get up-to-the-minute guidance on complying with both ADAAA and FMLA/CFRA—including recent court cases interpreting the intersection of the two types of leave.
• Learn how to ensure your documentation on employee leaves is complete and correct.
• Discover how to properly manage obesity, mental disability, substance abuse, and more under both the ADAAA and the California Fair Employment and Housing Act (FEHA).
• Find out why disability discrimination claims have spiked recently—and, even more importantly, how to avoid becoming part of this trend. 

SOCIAL MEDIA

You may or may not be on Twitter, Facebook, LinkedIn, Google+, and so on. But your employees are—and their social media habits could be costing you big in lost productivity. They could even be setting you up for a damaging lawsuit, depending on what they’re saying and how far they’re spreading the word. You won’t want to miss our up-to-the-minute social media session, where you’ll learn:

• Why you absolutely must have a social media policy—and what should be in it
• How social media can be HR’s best friend or worst enemy, depending on how you manage it
• The fine line between monitoring your employees’ social media usage and overstepping the considerable privacy protections they enjoy under California law
• How social media can help you avoid a bad hiring decision, which can cost twice an exiting employee’s salary 

HIRING & RETENTION

As the economy finally—finally!—gets back on its feet, it’s time to shift the focus from survive to thrive. Learn how to keep your superstars and find the next crop of incredible talent, while keeping employees at all levels engaged and involved in your business.

• Will 2012 be the Year of the Employee Backlash? Could be, says Forbes. How to protect your workplace from demotivation and ship-jumping.
• How to find—and land—the best and brightest, and encourage them to stay with you for the long haul.
• Effective tips for handling compensation increases after years of flatlining (or even salary decreases, in some cases).
• Strategies for avoiding candidates who are exceptional interviewees but sub-par employees.         
• Practical tips for developing talent from within.  

And much more!

You’ll earn up to 15.5 hours of California-specific HRCI recertification credit, and MCLE credit is also available. Best of all, if you register before May 31, you’ll save $100 off your registration!

It’s an unbeatable deal—click here for all the details. We hope to see you there. And don’t delay—the clock is ticking on the early bird discount, so claim your spot now!

Download your free copy of
Training Your New Supervisors: 11 Practical Lessons today!