Can I require employees to sign arbitration agreements in Oklahoma? What are the requirements?

Yes, employers can require employees to sign arbitration agreements in Oklahoma. However, there are certain requirements that must be met for such agreements to be valid and enforceable.

Requirements for Validity of Arbitration Agreements in Oklahoma

1. Waiver Restrictions: Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not waive or agree to vary the effect of certain requirements of the Uniform Arbitration Act, including Section 1856, Section 1857, Section 1859, Section 1868, Section 1877, and Section 1879 of Title 12 of the Oklahoma Statutes ^[2.3].
2. Notice Requirements: A person must initiate an arbitration proceeding by giving written notice to the Workers’ Compensation Commission and the other parties to the arbitration agreement. The notice must contain the general nature of the controversy, the remedy and alleged damages sought, and a copy of the arbitration agreement governing the controversy ^[1.3].
3. Validity of Agreements: All agreements to arbitrate claims for injuries covered by the Administrative Workers’ Compensation Act shall be valid and enforceable in Oklahoma when certain conditions are met, including providing notice of the existence of an agreement to arbitrate to both the employee and the employer’s workers’ compensation insurance provider, filing an alternative dispute resolution program with the Workers’ Compensation Commission, or being subject to the Federal Arbitration Act and containing a provision that requires that, in addition to other remedies, any party to the arbitration be given the opportunity to appeal any decision on any issue of the arbitrator to the Workers’ Compensation Commission ^[1.2].
4. Enforceability and Interpretation: An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. If necessary, a court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate. An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable ^[2.2].
5. Exclusive Jurisdiction: A court of Oklahoma having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. An agreement to arbitrate providing for arbitration in Oklahoma confers exclusive jurisdiction on the court to enter judgment on an award under the Uniform Arbitration Act ^[2.4].

Conclusion

In summary, employers can require employees to sign arbitration agreements in Oklahoma, but the agreements must meet certain requirements to be valid and enforceable. These requirements include restrictions on waiver, notice requirements, validity of agreements, enforceability and interpretation, and exclusive jurisdiction.

Source(s):

• [1.2] Arbitration Agreements - Validity
• [2.2] Enforceability, Interpretation of Arbitration Agreements - Arbitration Proceeding During Dispute Over Agreement
• [1.3] Notice of Arbitration Proceeding
• [2.3] Waivers - Provisions and Rights That Cannot Be Waived or Restricted - Exempt Agreements
• [2.4] Enforcement of Arbitration Agreement - Exclusive Jurisdiction

Jurisdiction

Oklahoma

• Labor