Hugh Baran Opposes Cost-Splitting Employment Arbitration Provisions

Hugh Baran (’19), Attorney at Kakalec Law, contributed an expert analysis to Law360 exposing how provisions that require employees to pay half the costs of arbitration shield employers from accountability and deter employees from initiating claims altogether (“Cost-Splitting Arbitration Clauses Threaten Workers’ Rights,” Dec. 19). “In most cases, such costs would subsume part or all of the eventual recovery. What rational employee is going to take those kinds of chances? . . . If employers adopt cost-splitting provisions in droves, such that arbitration provisions totally block workers from pursuing their claims, it could well pave the way for Congress to finally pass the Forced Arbitration Injustice Repeal Act — or other significant reforms to the FAA — and end forced arbitration as we know it.”