tiktok³ÉÈ˰æ

Employment Arbitration Clause for the United States

Employment Arbitration Clause Template for United States

An Employment Arbitration Clause is a contractual provision used in U.S. employment agreements that requires employment-related disputes to be resolved through arbitration rather than court litigation. The clause must comply with federal laws including the Federal Arbitration Act, as well as state-specific requirements. It typically outlines the arbitration process, cost allocation, and scope of covered claims while ensuring enforceability under both federal and state laws.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Employment Arbitration Clause

Let tiktok³ÉÈ˰æ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Employment Arbitration Clause?

Employment Arbitration Clauses are commonly used in U.S. employment contracts to establish an alternative dispute resolution mechanism outside traditional court systems. These clauses have become increasingly important as employers seek to manage litigation costs and expedite dispute resolution. When drafting an Employment Arbitration Clause, careful consideration must be given to federal and state requirements, including the Federal Arbitration Act and state-specific employment laws. The clause must be carefully structured to ensure enforceability while protecting both employer and employee rights, including provisions for cost allocation, arbitrator selection, and preservation of statutory rights.

What sections should be included in a Employment Arbitration Clause?

1. Agreement to Arbitrate: Core provision establishing mutual agreement to arbitrate disputes between employer and employee

2. Covered Claims: Detailed specification of which employment-related claims and disputes are subject to arbitration

3. Excluded Claims: Specification of claims that are not subject to arbitration (e.g., workers compensation claims)

4. Arbitration Procedures: Process for initiating arbitration, selecting arbitrators, and conducting proceedings

5. Costs and Fees: Allocation of arbitration costs and fees between employer and employee

6. Discovery Rights: Specifications for discovery processes and rights during arbitration

7. Arbitrator Selection: Process and criteria for selecting neutral arbitrators

What sections are optional to include in a Employment Arbitration Clause?

1. Class Action Waiver: Optional provision waiving rights to participate in class or collective actions

2. Opt-Out Provision: Provision allowing employees to opt out of arbitration agreement within specified timeframe

3. Administrative Proceedings: Clarification of rights to file charges with government agencies like EEOC

4. Severability Clause: Provision ensuring that if one part of agreement is found invalid, rest remains enforceable

What schedules should be included in a Employment Arbitration Clause?

1. Schedule A - Arbitration Rules: Detailed rules and procedures governing the arbitration process

2. Schedule B - Fee Schedule: Detailed breakdown of arbitration costs and fee structure

3. Schedule C - Opt-Out Form: Standard form for employees to opt out of arbitration agreement

4. Schedule D - Acknowledgment Form: Form for employee to acknowledge receipt and understanding of arbitration agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses




















Industries

Federal Arbitration Act (FAA): Primary federal law governing arbitration agreements in the United States, establishing their validity, enforceability, and interstate commerce implications

Title VII of the Civil Rights Act: Federal law prohibiting employment discrimination that must be considered in arbitration agreements to ensure employees can effectively vindicate their rights

Americans with Disabilities Act (ADA): Federal law protecting rights of disabled employees that must be accounted for in arbitration provisions

Age Discrimination in Employment Act (ADEA): Federal law protecting against age discrimination that must be considered in arbitration agreement scope

Fair Labor Standards Act (FLSA): Federal law governing wages and hours that must be considered in arbitration agreement coverage

State Arbitration Laws: State-specific legislation governing arbitration agreements that may impose additional requirements beyond federal law

Circuit City Stores v. Adams (2001): Supreme Court decision establishing that the FAA applies to employment contracts except for transportation workers

AT&T Mobility v. Concepcion (2011): Supreme Court decision emphasizing federal preemption of state laws that conflict with the FAA

Epic Systems Corp. v. Lewis (2018): Supreme Court decision upholding class action waivers in employment arbitration agreements

Mutuality Requirement: Legal requirement that arbitration agreements must be mutually binding on both employer and employee

Unconscionability Doctrine: Legal principle requiring arbitration agreements to be both procedurally and substantively fair

EEOC Rights Preservation: Requirement that arbitration agreements must preserve employees' right to file charges with the Equal Employment Opportunity Commission

California Arbitration Requirements: Specific additional requirements for arbitration agreements under California law, including specific disclosures and procedural protections

Neutral Arbitrator Selection: Requirement for fair and neutral process for selecting arbitrators

Discovery Rights: Requirement to provide adequate discovery rights in arbitration proceedings

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Mandatory Arbitration Agreements In Employment

U.S.-governed employment agreement establishing mandatory arbitration as the primary dispute resolution method, compliant with federal and state requirements.

find out more

Workplace Arbitration Agreements

A U.S.-governed agreement requiring employment disputes to be resolved through arbitration rather than court litigation.

find out more

Waiver Of Arbitration Clause

A U.S. legal document that formally removes previously agreed-upon arbitration requirements between parties, subject to federal and state arbitration laws.

find out more

Waiver Of Arbitration Agreement

A U.S. legal document that formally revokes previously agreed-upon arbitration provisions, allowing disputes to be resolved through alternative means.

find out more

Voluntary Arbitration Clause

A U.S.-governed contractual provision establishing voluntary agreement to resolve disputes through arbitration rather than court litigation.

find out more

Voluntary Arbitration Agreement

A U.S.-governed agreement where parties voluntarily commit to resolve disputes through arbitration rather than court litigation.

find out more

Unilateral Arbitration Clause

A U.S.-governed contractual clause requiring one party to use arbitration while giving the other party choice between arbitration or litigation.

find out more

Terms Of Use Arbitration Clause

A U.S.-compliant legal provision requiring disputes between users and online platforms to be resolved through arbitration rather than court litigation.

find out more

Terms And Conditions Arbitration

A U.S.-governed document establishing arbitration procedures within Terms and Conditions for dispute resolution between parties.

find out more

Tenancy Arbitration

A U.S. legal agreement establishing procedures for resolving landlord-tenant disputes through binding arbitration rather than court proceedings.

find out more

Submission Clause In Arbitration Agreement

A U.S.-governed legal provision that commits parties to resolve specified disputes through arbitration rather than court litigation.

find out more

Submission Agreement In Arbitration

A U.S.-governed agreement establishing terms for submitting an existing dispute to arbitration under federal and state arbitration laws.

find out more

Standard Arbitration Agreement

A U.S.-governed agreement establishing binding arbitration as the method for resolving disputes between parties.

find out more

Simple Arbitration Clause

A U.S.-governed contractual provision requiring parties to resolve disputes through arbitration rather than court litigation.

find out more

Settlement Agreement In Arbitration

A U.S. legal document that formalizes the resolution of an arbitrated dispute, outlining settlement terms and conditions under federal and state arbitration laws.

find out more

Residential Lease Arbitration Clause

A U.S. legal provision that requires landlord-tenant disputes to be resolved through arbitration rather than court proceedings.

find out more

Rental Agreement Arbitration Clause

A U.S.-governed clause mandating arbitration for disputes arising from rental agreements.

find out more

Professional Arbitration On Court Terms

A U.S. legal agreement establishing terms for court-supervised arbitration proceedings, governed by federal and state arbitration laws.

find out more

Private Arbitration Clause In Employment Contract

A U.S.-compliant clause mandating private arbitration for employment disputes, governed by federal and state arbitration laws.

find out more

Private Arbitration Agreement

A U.S.-governed agreement establishing terms for private dispute resolution through arbitration instead of court proceedings.

find out more

Predispute Arbitration

A U.S.-governed agreement requiring parties to resolve future disputes through arbitration rather than court litigation.

find out more

Pre Dispute Arbitration Clause

A U.S.-governed contractual provision requiring future disputes to be resolved through arbitration rather than court litigation.

find out more

Pre Dispute Arbitration Agreement

A U.S.-governed agreement establishing arbitration as the method for resolving future disputes between parties.

find out more

Physician Patient Arbitration Agreement

A U.S. healthcare contract establishing mandatory arbitration as the dispute resolution method between physicians and patients.

find out more

Physician Arbitration Agreement

A U.S. legal agreement establishing arbitration as the required dispute resolution method between healthcare providers and patients.

find out more

Patient Arbitration Agreement

A U.S. healthcare contract establishing mandatory arbitration as the method for resolving disputes between healthcare providers and patients, subject to federal and state regulations.

find out more

Oral Arbitration Agreement

A U.S.-compliant document that formalizes a verbal agreement to resolve disputes through arbitration under federal and state laws.

find out more

Optional Arbitration Clause

A U.S.-governed contractual clause providing parties the option to resolve disputes through arbitration instead of court litigation.

find out more

Online Contract Arbitration

A U.S.-compliant agreement establishing arbitration procedures for online service disputes, governed by federal arbitration laws.

find out more

Non Disclosure Agreement Arbitration Clause

A U.S.-governed Non-Disclosure Agreement with integrated arbitration provisions for confidential information protection and private dispute resolution.

find out more

Non Binding Arbitration Clause

A US-based contract clause establishing a non-binding arbitration process for dispute resolution while preserving legal rights.

find out more

Non Arbitration Agreement

A U.S. legal agreement that explicitly waives parties' rights to arbitration in favor of traditional court-based dispute resolution.

find out more

No Arbitration Clause

A U.S.-governed clause that explicitly excludes arbitration as a dispute resolution method, requiring court litigation for dispute resolution.

find out more

Executory Arbitration

A U.S.-governed agreement establishing the framework for resolving future disputes through arbitration under federal and state arbitration laws.

find out more

Enforcement Of Arbitration Agreement

A U.S. legal document compelling parties to honor their arbitration agreement under federal and state laws.

find out more

Enforceable Arbitration Clause

A U.S.-compliant legal provision requiring parties to resolve disputes through arbitration rather than court litigation.

find out more

Employment Arbitration Rules

U.S.-compliant rules governing employment dispute resolution through arbitration instead of court litigation.

find out more

Employment Arbitration Policy

A U.S.-governed policy establishing mandatory arbitration procedures for resolving employment-related disputes outside of court.

find out more

Employment Arbitration Clause

A U.S.-compliant contractual provision requiring employment disputes to be resolved through arbitration rather than court litigation.

find out more

Employee Arbitration Agreement

A U.S.-governed agreement requiring employment disputes to be resolved through arbitration rather than court litigation.

find out more
See more related templates

³Ò±ð²Ô¾±±ð’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ³Ò±ð²Ô¾±±ð’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it