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Can I require employees to sign arbitration agreements in Hawaii? What are the requirements?
Can employees be required to sign arbitration agreements in Hawaii?
Yes, employees can be required to sign arbitration agreements in Hawaii. Hawaii law recognizes the enforceability of arbitration agreements [1.1]. However, there are certain requirements that must be met for an arbitration agreement to be enforceable.
What are the requirements for arbitration agreements in Hawaii?
To be enforceable, an arbitration agreement in Hawaii must meet the following requirements:
- The agreement must be in writing and signed by the parties [1.1].
- The parties must have agreed to arbitrate their disputes [1.1].
- The agreement must not be unconscionable or against public policy [1.1].
It is important to note that the court will summarily decide the issue of whether there is an enforceable agreement to arbitrate [1.1]. If the court finds that there is an enforceable agreement, it will order the parties to arbitrate [1.1].
Can employees be required to sign arbitration agreements that waive their rights to engage in collective bargaining?
No, employees cannot be required to sign arbitration agreements that waive their rights to engage in collective bargaining. Hawaii law provides employees with the right to form, join, or assist any employee organization for the purpose of bargaining collectively through representatives of their own choosing on questions of wages, hours, and other terms and conditions of employment, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint, or coercion [2.1]. Any agreement that waives these rights would be against public policy and unenforceable.
What is the process for initiating arbitration in Hawaii?
A person initiates an arbitration proceeding in Hawaii by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought [1.2].
What is the process for conducting arbitration in Hawaii?
An arbitrator in Hawaii may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of any evidence. An arbitrator may decide a request for summary disposition of a claim or particular issue if all interested parties agree or upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond. If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party’s appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator’s own initiative, the arbitrator may adjourn the hearing from time to time as necessary but shall not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear [1.3].
Are arbitrators in Hawaii immune from civil liability?
Yes, arbitrators or arbitration organizations acting in that capacity are immune from civil liability to the same extent as a judge of a court of Hawaii acting in a judicial capacity. The immunity afforded by this section supplements any immunity under other law. In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and shall not be required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of Hawaii acting in a judicial capacity [1.4].
Conclusion
In summary, employees can be required to sign arbitration agreements in Hawaii, provided that the agreement meets the requirements of being in writing, signed by the parties, and not unconscionable or against public policy. However, employees cannot be required to sign arbitration agreements that waive their rights to engage in collective bargaining. The process for initiating and conducting arbitration in Hawaii is governed by Hawaii law. Arbitrators in Hawaii are immune from civil liability and are not competent to testify in judicial, administrative, or similar proceedings.
Source(s):
- [1.1] Motion to compel or stay arbitration
- [2.1] Rights of employees.
- [1.2] Initiation of arbitration
- [1.3] Arbitration process
- [1.4] Immunity of arbitrator; competency to testify; attorney’s fees and costs
Jurisdiction
Hawaii