Employment
The AAA’s Employment/ Workplace Contract Clauses
ADR clauses
Ensuring your employment contracts contain clear and enforceable arbitration clauses is key to resolving disputes efficiently. The AAA provides the ClauseBuilder® online tool to help you draft effective clauses.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the AAA in accordance with its Employment/Workplace Arbitration Rules and Mediation Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Setting the Standard in Employment and Workplace Dispute Resolution
Benefits
Employment/Workplace Arbitration Rules and Mediation Procedures: The AAA’s arbitration and mediation services follow the Employment/Workplace Arbitration Rules and Mediation Procedures, designed to protect the rights of all parties involved in employment or workplace disputes. These procedures are designed to conduct arbitration and mediation transparently, fairly, and in accordance with the highest standards.
Employment Due Process Protocol: The AAA’s commitment to fairness is underscored by its Employment Due Process Protocol, which provides essential safeguards to promote fair arbitration and mediation for all parties. This protocol gives parties the right to representation, neutral arbitrators and mediators, and adequate discovery. Additionally, it empowers arbitrators to issue binding awards and grant any relief that would be available in a court of law.
Unmatched Expertise: Our arbitrators are experts in employment law and understand the intricacies of workplace disputes, including but not limited to issues related to discrimination, wrongful termination, and wage and hour claims. You can select arbitrators with experience tailored to the specific nature of your dispute.
Efficiency and Speed: Workplace disputes can cause significant disruption. The AAA’s streamlined processes promote prompt resolution, allowing both parties to move forward. Our expedited options offer faster case resolution compared to traditional court litigation.
Neutrality and Fairness: As an impartial and independent organization, the AAA provides a neutral dispute resolution process, fostering confidence among employers and employees in the fairness and objectivity of the outcome.
Privacy: Workplace disputes often involve sensitive information, and maintaining privacy is key. The AAA’s arbitrators and mediators have an ethical responsibility to protect the confidentiality of the dispute resolution process. The AAA also maintains confidentiality as to the disputes it administers.
Cost-Effective Resolution: Arbitration is generally a more affordable alternative to litigation, helping both employers and employees avoid the financial burden of prolonged court battles.
Customized Solutions: The AAA allows parties to tailor the arbitration process to their specific needs. Whether it’s setting flexible timelines, choosing virtual hearings or opting for expedited procedures, the AAA provides a process that fits your schedule and requirements.
Industry-Leading Expertise
Why AAA
76% of Employment cases
were settled prior to award in 2024
20% of Employment cases
settled prior to arbitrator compensation in 2024
16.6 months
median time to award vs. 31.6 months median time to trial in U.S. District Court in 2024
Types of Employment and Workplace Disputes We Handle
Dispute types
Discrimination
Claims of discrimination based on race, gender, age, religion, disability, national origin, and other protected categories.
Harassment
Disputes involving workplace harassment, including sexual harassment claims, hostile work environments, and employer retaliation.
Wage and Hour Disputes
Conflicts over wage and hour issues, including unpaid overtime, minimum wage violations, and disputes related to employee classification under the Fair Labor Standards Act.
Wrongful Termination
Disputes regarding claims of wrongful termination or breach of contract, including cases involving at-will employment and violation of employment agreements.
Retaliation Claims
Cases where an employee claims retaliation for whistleblowing or for engaging in legally protected activities.
Non-Compete Agreements
Disputes related to the enforcement of non-compete, non-solicitation, and confidentiality agreements between employers and former employees.
Workplace Safety
Disputes involving workplace safety, including claims related to Occupational Safety and Health Administration regulations.
Executive Compensation
Cases involving disputes over executive compensation, including severance packages, bonuses, stock options, golden parachutes, and other complex compensation arrangements between executives and their employers.
Statistics
Consumer and Employment Arbitration Statistics
The AAA maintains an online Consumer and Employment Arbitration Statistics report based on AAA consumer cases closed within the last five years. This report is made available pursuant to state statutes such as the California Code of Civil Procedure §1281.96, Maryland Commercial Law §§ 14-3901 to 3905 and New Jersey Statutes § 2A:23B-1 et seq. and updated quarterly, as required by law.
The AAA Employment Panel of Arbitrators and Mediators
Panel
The AAA’s Employment Panel includes highly experienced professionals, including former judges, who specialize in employment law and workplace disputes. Our panelists bring:
Extensive Experience
Our arbitrators and mediators have years of experience resolving a wide range of workplace disputes, from discrimination and harassment claims to wage and hour disputes.
Commitment to Equal Opportunity
Many of our panelists are experienced in Equal Employment Opportunity matters, and all aim to uphold the principles of fairness, equity, and inclusion in all dispute resolution processes.
Impartiality and Objectivity
The AAA’s panelists are committed to fairness, providing both employers and employees with an unbiased resolution to their disputes.
Strong Facilitation Skills
Whether resolving a conflict through arbitration or mediation, our panelists possess the communication and negotiation skills needed to help parties reach a mutually agreeable solution, often preserving workplace relationships in the process.
Self-representation
Are You Self-Represented?
In arbitration, you don’t have to have a lawyer represent you (unless state law requires it), but it’s important to know that arbitration is a final and binding process that can affect your rights. So, if you are considering representing yourself, it’s a good idea to talk to a lawyer. If you do decide to go through arbitration without a lawyer, the AAA has resources to help you.
Documents for Employment Arbitration and Mediation
Rules, forms, and fees
Employment/Workplace Arbitration Rules and Mediation Procedures
Employment/Workplace Fee Schedule
Employment/Workplace Arbitration Rules Demand for Arbitration
Submission to Dispute Resolution Form
Employment Due Process Protocol
AAA Policy on the Applicability of the Optional Appellate Arbitration Rules to Employment Arbitration
Affidavit For Waiver of Fees - For Use By California Consumers Only
Affidavit in Support of Administrative Fees Hardship Waiver - Individual
Affidavit in Support of Administrative Fees Hardship Waiver - Small Business Owner
Expert Resources to Navigate Employment Disputes
Resource Library
Summary of Revisions to Employment Arbitration Rules
Employment Plan Contracts Checklist
Employment Discovery Protocols Fact Sheet
AAA Employment Arbitration Road Map
AAA Standards of Conduct for Parties and Representatives
Sexual Harassment Disputes or Sexual Assault Disputes
2024 Employment Infographic
Educational Presentation on Employment Dispute Resolution
"Overemployed: The Old Laws and the New Trend of Working Two Full-time Remote Jobs"
"Controlling the Cost of Grievance and Employment Arbitration: Practical Tips for Practitioners"
Specialized services
Specialized Arbitration Services
- List Only & List with Appointment: With List Only Services, the AAA provides the parties with a tailored list of qualified arbitrators. The service is limited to providing a list. With List and Appointment, the AAA provides a list and facilitates the selection of the arbitrator and the appointment process, including the ranking, an invitation to serve, and the conflict checks.
- Deposits for Non-Administered Cases: For cases not administered by the AAA, a deposit is required to reserve AAA hearing rooms, access AAA arbitrators, or use other AAA services. This ensures timely payment for facilities and support in non-AAA cases.