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January 24, 2023

Recent Developments in Employment Arbitration

Over the past few years, there have been various legal developments regarding the enforceability of agreements to arbitrate employment-related claims. In March 2022, a new federal law took effect prohibiting arbitration of sexual harassment and sexual assault claims and requiring that those claims be allowed to proceed in court. The National Labor Relations Board has also taken an interest in mandatory arbitration agreements, recently inviting briefing on whether an employer’s arbitration agreement interferes with employees’ right to file board charges or otherwise access board processes. For California employers, litigation continues over the enforceability of the state’s ban on mandatory arbitration as a condition of employment, and the U.S. Supreme Court recently reversed the California Court of Appeal’s treatment of an “individual” California Private Attorneys General Act (PAGA) claim in Viking River Cruises v. Moriana. The case addresses whether PAGA claims under the can be compelled to arbitration.

This webinar addresses recent developments regarding the scope and enforceability of arbitration agreements in the employment context, including which claims can still be compelled to arbitration, recent changes in state and federal laws governing employment arbitration, and guidance for employers, employees and unions while the law remains in flux.


Sally Abrahamson, Werman Salas, P.C., Washington, DC
Chelsie J. Flynn, Lockheed Martin, Orlando, FL
Angela Thompson, Communication Workers of America, Washington, DC
Daniel Whang, Seyfarth Shaw LLP, Los Angeles, CA

NOTE: This free webinar is not accredited for Continuing Legal Education.