Arbitration Clauses in Florida Employment Agreements
Employment arbitration clauses in Florida require employees and employers to resolve workplace disputes through private arbitration rather than court litigation. These clauses are generally enforceable but subject to fairness requirements that protect employee rights.
Enforceability Standards
Florida courts enforce employment arbitration clauses when the employee received adequate notice, the clause is supported by consideration (continued employment or the employment offer itself), and the terms are not unconscionable. A clause requiring the employee to bear all arbitration costs, limiting available remedies, or imposing unreasonably short filing deadlines may be found unconscionable and unenforceable.
Federal Limitations
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (2022) prohibits mandatory arbitration of sexual harassment and assault claims in the workplace, regardless of what the employment agreement says. Employees retain the right to file administrative charges with the EEOC and the Florida Commission on Human Relations even when an arbitration clause exists. Workers' compensation claims follow their own statutory process and cannot be diverted to private arbitration.
Related Terms
Barnes Walker Business Law
Barnes Walker advises employers on employment arbitration agreements and represents parties in employment arbitration. Contact us for employment law guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC