Staying Out of Court (Mostly): Arbitration Agreements and PAGA Challenges

About the Event: 

Arbitration agreements remain a valuable tool for California employers to manage workplace disputes—but they aren't a silver bullet, especially in light of  increasing scrutiny from courts and workarounds under PAGA (Private Attorneys General Act). This presentation will cover best practices for drafting and executing enforceable arbitration agreements, recent legal developments, and what employers can realistically expect arbitration to cover. I will also discuss how PAGA claims can sidestep arbitration and what that means for risk management. Whether you're updating existing onboarding forms or considering rolling out arbitration agreements for the first time, this session will offer practical guidance tailored for small to mid-sized employers. You'll leave with a clearer picture of what arbitration can (and can’t) do to help you stay out of court—mostly.

About the Speaker:

Melanie Kim is an associate with a focus on Employment Law and Trust and Estates Litigation. In the area of Employment Law, she has helped represent clients in a variety of employment-related matters involving wage and hour, discrimination, retaliation, harassment, and wrongful termination claims, including under PAGA. She also advises clients with regard to drafting and updating employment policies and employee handbooks. In the area of Trust and Estates Litigation, she has helped represent clients in a variety of trust-related matters, including protecting the rights of beneficiaries in disputes over trust administration and accountings by trustees. She assists clients in all aspects of litigation, including pre-litigation investigation and resolution, discovery, motions practice, mediation, and trial preparation.

While in pursuit of her J.D., Melanie served as a Judicial Extern for the Honorable Jon S. Tigar of the United States District Court for the Northern District of California. She also worked as a Teaching Assistant for a Legal Reading and Writing course. During the COVID -19 pandemic, she volunteered for Berkeley Law’s CARES Act Small Businesses Project, assisting small business owners applying for federal aid available through the Coronavirus Aid, Relief, and Economic Security (CARES) Act.