Arbitrating Employment Claims In Hawai`i Just got More Expensive; Time to Review Your Employee Arbitration Agreements:

The Hawai`i Supreme court just invalidated an employee's entire arbitration agreement based on the requirement that the employee split arbitration costs with the employer. See Gabriel v. Island Pacific Academy, Inc., SCAP-15-912 (Haw. 2017). The court found that it was unconscionable to force a fired school teacher who used to earn about $40k/year to pay half of the $20k arbitration cost before she could have her claims heard.

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