Labor & Employment Law Blog

Although this decision does not involve an arbitration agreement between an employer and a current or former employee, we think the bases for the court's decision are equally applicable to employers and to employment arbitration agreements. Therefore, when a dispute giving rise to a lawsuit against an employer is subject to an arbitration agreement, the employer should consider at the outset of the lawsuit whether to invoke an applicable arbitration agreement and, if so, consider promptly invoking the arbitration agreement. Unreasonable delay or engaging in conduct in the litigation inconsistent with enforcing one's right to arbitrate may well result in a waiver of that right.