These Rules are separate from commercial and consumer rules. They cover employees, applicants and work-related independent contractors only after the agreement, fee model, statutory remedies, federal exclusions, employer-plan review and selected state overlay are approved.
1. Scope and classification
The Rules may apply to a written agreement for an individual employment or work-related dispute. The Center looks to substance, not labels. Collective bargaining, union grievance, ERISA plan benefit, workers' compensation, unemployment, public employee, transportation-worker, sexual-assault/sexual-harassment, representative, class, collective and mass proceedings require separate review or are excluded.
2. Employer program review
Before repeat administration for an employer, the Center reviews the plan and clause for clear notice, knowing assent as required, mutuality, neutral appointment, accessible rules, reasonable location, preservation of statutory limitation and remedies, adequate discovery, written award, fee protection, counsel, agency rights and lawful class/collective terms. Registration is not a judicial enforceability ruling.
3. Ending Forced Arbitration Act and FAA section 1
Intake separately screens claims relating to sexual assault or sexual harassment arising or accruing within 9 U.S.C. chapter 4 and informs the claimant that enforceability may be elected in court as federal law provides. Transportation-worker status is screened under 9 U.S.C. §1 and controlling precedent. No default selection or dark pattern waives these rights.
4. Demand and Answer
A Demand identifies the employment relationship, agreement/plan, work location, relevant dates, administrative charges or right-to-sue notices, claims, amount and equitable relief, requested seat and core documents. The Center provides legally sufficient notice. The respondent answers in 14 days with defenses, jurisdiction objections and counterclaims. Default is denial and still requires proof.
5. Fees and hardship
An individual filing fee is capped at $350 and waived for hardship; it is $0 when the employer files. The employer pays the remaining Center fees, arbitrator compensation and ordinary hearing expenses unless a post-dispute agreement or law is more favorable to the individual. The individual's fee is returned if the case closes for employer nonpayment. Fee shifting in an award cannot exceed what a court could lawfully impose on the individual, and requires notice and findings.
Draft employer charges for one arbitrator are $2,450 filing plus $750 case management; for three arbitrators, $3,050 plus $1,000. Arbitrator compensation and hearing expense are separately deposited by the employer. These figures require final commercial and legal approval.
6. Arbitrator appointment and conflicts
A sole employment-law neutral is the default. Three arbitrators require the agreement and a finding that cost allocation remains lawful. Candidates disclose employer, affiliate, counsel, funder and repeat-appointment relationships before ballot. Parties strike/rank a screened list; challenges are independently decided within a 14-day window.
7. Seat, locale and law
The seat is an approved state identified in the rules snapshot. Hearings are accessible to the individual and ordinarily remote or near the work location/residence as fairness and law require. The Tribunal applies governing substantive law without reducing nonwaivable federal, state or local employment rights.
8. Preliminary conference and discovery
The Tribunal promptly sets pleadings, limitation issues, EFAA/FAA objections, agency coordination, preservation, ESI, depositions, interrogatories, personnel/comparator records, medical/privacy protection, experts, hearing and award. Discovery must be sufficient for a fair opportunity to prove statutory claims while remaining proportionate. Applicable employment discovery protocols may guide.
9. Motions and interim relief
Early disposition uses the governing claim's legal standard, permits necessary discovery and a fair response, and results in reasons. The Tribunal may grant lawful interim relief and a party may seek compatible court relief. Confidentiality orders are narrowly tailored and may not bar agency reporting, protected concerted activity, whistleblowing or lawful discussion.
10. Hearing and evidence
The individual receives an oral hearing on timely request unless a valid post-dispute waiver applies. Witnesses may be questioned, accommodations and interpretation are provided, privilege is protected, and the Tribunal controls relevance and weight. Employer control of records is considered when allocating production burden and drawing inferences.
11. Remedies and award
The Tribunal may grant every remedy available under applicable employment law, including back/front pay, reinstatement, statutory damages, fees and equitable relief, and may not enforce an unlawful remedy limitation. The award is written and reasoned, states seat, jurisdiction, findings, relief, interest, fee basis and cost allocation, and is delivered as an authenticated signed copy.
12. Agency, collective and public rights
Nothing prevents a charge, report or participation before the EEOC, NLRB, Department of Labor, state/local agency or law enforcement. The Tribunal respects exclusive agency authority and applicable rights concerning protected concerted activity, whistleblowing and public injunctions. Class, collective, representative and mass procedures are not authorized by these Rules.
13. Privacy, publication and AI
The Center protects personnel, health and identity data, uses approved secure systems and publishes anonymized aggregate outcomes and redacted awards where law or policy requires. AI may not replace arbitrator judgment, expose confidential employment data or supply unverified legal authority; material use is disclosed under the protocol.
14. State overlay and nonpayment gate
Each offered state overlay addresses agreement formation, fee-payment deadlines and breach consequences, discrimination/harassment restrictions, choice of law, unconscionability, discovery, remedies, disclosures, reporting and award confirmation. Pending review blocks filing. Employer nonpayment triggers notice, individual election and remedies required by applicable law; the individual is not required to advance the employer's share.
15. Primary benchmarks for review
- FAA, including chapters 1 and 4: https://uscode.house.gov/view.xhtml?edition=prelim&req=granuleid%3AUSC-prelim-title9
- AAA Employment/Workplace Rules and fees (benchmark only): https://www.adr.org/rules-forms-and-fees/employment/
- New York CPLR §7515: https://www.nysenate.gov/legislation/laws/CVP/7515