This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Labor/Employment,
Alternative Dispute Resolution

Jun. 6, 2019

Arbitration is failing California employees

How is arbitration working for California employees? The consensus among plaintiffs' lawyers is that it favors employers, consistent with Alexander J.S. Colvin's 2011 study, but we had no data after 2011, until now.

Genie Harrison

Founder and Partner
Genie Harrison Law Firm

Email: genie@genieharrisonlaw.com

Genie is an employment law expert as well as the creator of Damages Genie, an app that helps plaintiffs' attorneys quantify non-monetary damages.

See more...

Arbitration is failing California employees
The Economic Policy Institute and the Center for Popular Democracy projects that by 2024, almost 83 percent of the country's private, non-unionized employees will be hashing out complaints with their employers behind closed doors, an increase of 56 percent since 2017. Despite recent moves by Google and some others to abandon forced arbitration clauses in employment and sexual harassment disputes, arbitration clauses will continue to be the norm until the laws change. Thus, having good data about arbitration outcomes is critical. Without this information, there is no way to identify repeat players, connect the dots, and use market forces to push toward fairer outcomes. (Shutterstock)

How is arbitration working for California employees? The consensus among plaintiffs' lawyers is that it favors employers, consistent with Alexander J.S. Colvin's 2011 study, but we had no data after 2011, until now.

Frustrated with the lack of recent analysis, I committed the resources of my firm to solve the problem. For more than a year, I worked with associate attorney Mary Olszewska from my firm and expert statisticians Dr. Brian...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up