As lawyers for the workers, we make sure that employers pay you for the long hours you put in and give you the wages you are owed.
Employees, independent contractors, and other workers who enter arbitration agreements with their employers must settle any work-related disputes outside of court. Arbitration is a legal process that involves bypassing the traditional court system; however, there are still many laws and regulations that apply to arbitration. It is important that you contact an experienced arbitration agreement attorney if you have a dispute with an employer after signing such an agreement or a larger contract containing an arbitration clause.
Although many employers use arbitration clauses to shield themselves from costly, time-consuming litigation, this does not mean that they cannot be held accountable when they violate your rights. At Josephson Dunlap, our wage and hour arbitration lawyers represent workers in all types of disputes, including those involving unpaid wages and related issues. We have helped more than 100,000 clients nationwide and have recovered hundreds of millions of dollars in unpaid wages.
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Arbitration is a legal process of resolving disputes without engaging the court. During arbitration, both the party bringing the claim (known as the “claimant”) and the party against whom the claim is brought (known as the “respondent”) bring their sides of the case before a neutral arbitrator. The arbitrator, who is trained in this area, serves as a “judge,” in that they provide a decision to end the dispute.
Although arbitration is, in many ways, similar to litigation, it is inherently different. The general ground rules of arbitration are often open to negotiation, allowing both parties a greater degree of flexibility and allowing for more legal interpretation.
What Are the Benefits of Arbitration?
Arbitration offers several benefits to both claimants and respondents, i.e., the worker and the employer in cases involving employment law.
Some of the benefits of arbitration compared to litigation include that it is:
- Faster and More Efficient: Arbitration tends to result in faster resolutions than litigation. This is due to a variety of factors, including that it is often easier to schedule an arbitration date (this can typically done within a few months vs. many months or even several years to obtain a court date). Arbitration also tends to be more efficient than litigation, with the overall process typically taking less time than a traditional trial.
- Relatively Inexpensive: Compared to litigation, arbitration is often—though not always—a much more cost-effective option. Because arbitrations are typically resolved faster than traditional trials, the cost of attorney fees and other related expenses tends to be less. Additionally, the costs of preparing for arbitration tend to be lower than those associated with litigation.
- Less Complicated: The rules and procedures involved in arbitration are generally simpler than those associated with traditional court proceedings, making the process altogether less complicated. It is often easier to admit evidence in arbitration, and discovery—the process of producing documents, conducting depositions, and disclosing evidence—is frequently reduced, saving both parties significant time.
- Private: Unlike court proceedings, which are almost always public, arbitration resolutions are private. This means that the outcome of arbitration is confidential, as is all evidence involved in the case, which can be a considerable benefit to both employers and employees in wage and hour arbitration matters.
- Impartial: In arbitration, both parties get to agree on a neutral, professional arbitrator. This means that you have some control over who will resolve your dispute. The arbitrator will usually be someone who has no stake in the case and will not favor either side, which can be an advantage for workers seeking dispute resolution against powerful companies or industries.
- Final: The decision provided by the arbitrator is often final, meaning a judge will likely not choose to overturn it. However, the court can enforce arbitration decisions and, in non-binding arbitration, it may choose to review decisions handed down in arbitration. This is relatively rare, though, and in most cases, the result of arbitration is that both parties can move effectively move forward following the conclusion of the case.
While arbitration does have its advantages, it also has disadvantages, as well. When arbitration is mandatory, such as in cases where an employee has signed an arbitration agreement with an employer, the claimant does not have the option to pursue a jury trial, even if this would be more advantageous. Additionally, arbitrators are human and can be biased in certain situations, and the flexibility of arbitration can result in arbitrators considering the “apparent fairness” of either party’s position, rather than strictly following the law.
And, because binding arbitration does not allow for appeals, the arbitrator’s decision will likely be final. This means that, even if you are dissatisfied with the outcome, you cannot take further action.
Contact Josephson Dunlap for Help with Wage & Hour Arbitration
We are ready to assist you with your case. Reach out to our team today to request a free and confidential consultation. We serve clients nationwide and provide legal services in both English and Spanish. At Josephson Dunlap, we offer contingency fees, meaning you do not pay any legal costs unless we recover compensation for you.
To learn more, call (888) 742-7242 or contact us online today.
Resolving Wage & Hour Disputes Through Arbitration
When you have entered into an arbitration agreement with an employer who then violates your rights regarding fair pay, wages, and hours, you still have the ability to take action against your employer. Though you cannot pursue litigation, you can seek a resolution to wage and hour claims through arbitration.
At Josephson Dunlap, we assist clients in all types of wage and hour arbitration matters, including but not limited to:
- Unpaid wages
- Unpaid overtime
- Employee misclassification
- Expense reimbursement
- Untimely wage payment
- Time shaving
- Unpaid commissions
- Unpaid trainings
- Off-the-clock work
- Employer tip theft
- Minimum wage violations
- Meal and rest break violations
No matter the issue you are facing, our wage and hour arbitration lawyers can help you navigate the process of seeking resolution. We are well-versed in the various nuances of arbitration and have successfully helped numerous clients pursue fair compensation for damages, backpay, interest, and other losses through arbitration proceedings.
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