Emerging Trends in Employment Arbitration in 2026: What Employers Need to Know
Employment arbitration agreements provide employers and employees with a fair and efficient way to resolve disputes outside of court litigation. The legal requirements for and best practices surrounding employment arbitration constantly develop. Heading into 2026, employers who use employment arbitration agreements or are considering adopting such agreements should take note of these emerging issues and trends. Quick Hits The legal landscape of employment arbitration continues to evolve as plaintiffs’ attorneys mount new challenges, particularly in light of laws like the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). Employers can avoid pitfalls by staying informed on the latest issues and carefully crafting and regularly evaluating their arbitration agreements to maintain effectiveness and enforceability. The Federal Arbitration Act (FAA) promotes the use of arbitration agreements, preempts state anti-arbitration laws, and requires federal and state cou...