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Article Index » washington » human resources » Arbitration of Claims
Report Link Washington Court Strikes Cost-Shifting and Onerous Forum Selection in Employee Arbitration Agreement.
Jackson Lewis LLP - September 14, 2009
Enforcing a modified arbitration agreement and requiring arbitration of an employee’s claims for unpaid overtime, the Washington Court of Appeals has ruled that a prevailing party attorneys’ fee provision in an arbitration agreement was unconscionable. The Court struck the attorneys’ fee provision because it conflicted with Washington’s wage payment statute, which provides attorneys’ fees for prevailing employees only, and because it operated as a deterrent to litigation of wage claims. Walters v. A.A.A. Waterproofing, Inc. The Court further ruled that a provision requiring arbitration in another state was unconscionable as applied to the employee because he could not afford the associated costs. However, the Court severed the unconscionable provisions and enforced the agreement, as modified.
Report Link Top Washington Court Rules Arbitration Agreement May Be Severed to Be Enforceable.
Jackson Lewis LLP - February 07, 2005
In a pair of decisions favorable to Washington employers, the state's highest court has ruled that substantively unconscionable provisions in a mandatory arbitration agreement may be severed, and the remainder of the agreement enforced, if the unconscionable provisions do not pervade the agreement.
Adler v. Fred Lind Manor, Wash. Sup. Ct. No. 74701-6 (12-23-04)

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