Employee Arbitration Agreements: Trends, Developments, and AB 51

Presenters:

Heather Vigil Littler Mendelson, Shareholder

Kate Turner Willmunder Panasonic Avionics Corporation, Corporate Counsel

Eugene Ryu Littler Mendelson, Shareholder

Emily Patajo Littler Mendelson, Shareholder

Program Level: Intermediate

Duration: 60 minutes

Recorded On: February 20, 2020

Program Description
Panasonic Avionics’ Corporate Counsel joins experienced outside counsel at Littler Mendelson for an informative and practical discussion about the pros and cons of including, and enforcing, an arbitration clause in a company’s employment agreements, with a particular emphasis on arbitration clauses subject to California law and the State’s recently enacted AB 51.

The discussion begins with an overview of arbitration clauses and the laws that typically govern them.  The panel then brings us up to date on the intent, scope and status of AB 51, and how a company might structure its relevant employment contracts accordingly.  The discussion includes insightful commentary on how to structure and roll out an arbitration clause, including whether (and how) to make it mandatory or voluntary, and under what circumstances arbitrating an employment dispute might be more (or less) favorable, and more (or less) costly, than resolving the matter in court.

Learning Objectives
At the end of this session, participants will have a better understanding of:
  • The laws that typically govern an arbitration clause;
  • The intent, scope, and status of California AB 51, and how an arbitration clause contained in an employment agreement might be structured accordingly;
  • The pros and cons of enforcing an arbitration clause in connection with an employment dispute;
  • How to structure an arbitration clause, including whether or not to make it mandatory or voluntary;
  • The mechanics for, and the pros and cons of, using electronic signatures in executing employment agreements in which an arbitration clause is contained;
  • Whether to include an arbitration clause in a company handbook;
  • Rolling out a new arbitration clause in a company’s employment agreements, including when a class action is pending; and
  • The costs of arbitrating an employment dispute, as opposed to going to court.
CLE Info

This program is currently available for 1.0 general credit in the following states:

Alabama
Alaska
Arizona
Arkansas
California
Connecticut
Georgia
Hawaii*
Illinois
Minnesota
Mississippi
Missouri
Nevada
New Hampshire
New Jersey*
New Mexico
New York
North Carolina
North Dakota
Oklahoma
Oregon
Pennsylvania
Tennessee
Texas
Vermont
West Virginia
Wisconsin

In addition, we have applied for credit in the following states, and will promptly update the list above as the program is approved in each such state:

Colorado
Indiana
Ohio
Washington

*In Hawaii and New Jersey, we rely on their reciprocity policies pursuant to which our programs are deemed accredited once they are approved in the various reciprocity states where we apply such as California, Illinois, New York, Pennsylvania and Texas.

For information on attendance reporting, please refer to the CLE Info page.

Presenters:

Heather Vigil
Shareholder, Littler Mendelson

Kate Turner Willmunder
Corporate Counsel, Panasonic Avionics Corporation

Eugene Ryu
Shareholder, Littler Mendelson

Emily Patajo
Shareholder, Littler Mendelson

Program Level: Intermediate

Duration: 60 minutes

Recorded On: February 20, 2020