Employment Disputes

IMPORTANT NOTICE ABOUT EMPLOYMENT ARBITRATION CASES

Until July 1, 2021, employment disputes may be arbitrated under CPR's Administered Employment Arbitration Rules (2021), Administered Arbitration Rules (2019) or Non-Administered Arbitration Rules  (2018, 20072005200019951990 respectively) provided that the agreement to arbitrate complies with CPR’s Due Process Protections.

Effective July 1, 2021 for any employment related matter, including claims brought by (a) employees, (b) applicants for employment, and (c) individuals who may be called “independent contractors” by the person or organization receiving services from the person if the dispute is about or relates to the work (or payment for the work) that the individual performs or would perform or the individual’s status as an employee or independent contractor, where the matter is referred to CPR for administration or selection of an arbitrator and where the Due Process Protections (see below) are applicable to the matter, CPR will only administer the matter under the CPR Administered Employment Arbitration Rules regardless of the rules contained in the arbitration agreement.

Due Process Protections

CPR Administered Employment Arbitration Rules

Employment-Related Mass Claims Protocol

File a Case

To commence an employment-related arbitration, please serve your Notice of Arbitration as provided in Rule 3 of the applicable Rules. and send the CPR copy to cprneutrals@cpradr.org. CPR will notify individual claimants of the appropriate filing fee, which shall be no more than the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration, or if none is specified, the county where the person perform(ed)(s) his or her services. Organizational claimants please see Pricing and Fees

To the extent the same counsel intends to file multiple arbitrations (>5) with CPR against the same respondent(s), claimants filing the arbitrations must also download and complete the excel spreadsheet for each of the arbitrations (click here to download the template). The template must be filled in EXACTLY in the form requested. Failure to do so will result in the rejection of the filings by CPR. 

Indigent claimants may be entitled to a fee waiver. California residents requesting a fee waiver, please fill out this form. Others necessitating a fee waiver, please fill out this form. Note: If your income is more than 300% of the federal poverty level, your hardship request will likely not be approved. Send forms together with your filing to cprneutrals@cpradr.org

To the extent these claims are employment related, they may be subject to the Employment-Related Mass Claims Protocol. Upon receipt of the template, CPR will notify claimant(s) and respondent whether your cases will proceed individually or under the Protocol. The Protocol applies only if: 1) there is an agreement between the employer and the claimant that provides for arbitration under CPR Rules; 2) the employer has agreed to afford each claimant the Due Process Protections; 3) there is a specific reference in the agreement between the employer and claimant to the Protocol and the employer has provided access to the Protocol to the claimant prior to the claimant’s acceptance of the agreement; 4) the employer has not in its arbitration agreement with the claimant fundamentally altered the terms of the Protocol; and 5) more than 30 individual employment-related arbitration cases of a nearly identical nature have been filed with CPR against the same employer. 

Upon receipt of the template referenced above, CPR will notify claimant(s) and respondent whether your cases will proceed individually or under the Protocol. For any questions, please contact CPR at cprneutrals@cpradr.org

Please note that to the extent the Employment-Related Mass Claims Protocol is applicable, its provisions regarding filing shall supersede the CPR Administered Employment Arbitration Rules’ provisions, and the filing of the spreadsheet together with the Notice(s) of Arbitration shall be deemed the complete filing or filings under the Administered Rules. For the avoidance of doubt, the filing of the Notice of Arbitration and Template (without a filing fee) are the complete filing under Rule 3 of the Administered Rules, and the Commencement Date will be the date on which they are both received. 

 

EFFECTIVE 3/16/2020 UNTIL FURTHER NOTICE, CPR WILL ONLY ACCEPT FILINGS ELECTRONICALLY AT cprneutrals@cpradr.org. PAPER FILINGS WILL NOT BE ACCEPTED.

TO SEND FILES VIA VOLTAGE ENCRYPTED EMAIL, please email herickson@cpradr.org to be authorized.

PAYMENT WILL ONLY BE ACCEPTED VIA CREDIT CARD OR WIRE TRANSFER. PLEASE SPECIFY IN YOUR COVER EMAIL HOW YOU WOULD LIKE TO PAY.

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The information and resources on this website should not be construed as legal advice or opinion, or as a substitute for the advice of counsel.