Protect Your Business with a Mandatory Arbitration Agreement

Reduce Legal Risk. Avoid Lawsuits. Stay Off ICE’s Radar.

At Monty & Ramirez LLP, we’ve long supported the use of mandatory arbitration agreements as a powerful way for employers to reduce risk, avoid jury trials, and resolve workplace disputes efficiently. In today’s legal climate—especially for immigrant-owned businesses—an enforceable arbitration agreement isn’t just helpful, it’s essential.

Recent federal law changes have made it even more important to update your existing agreements to remain compliant while continuing to protect your business.

Why You Need to Update Your Arbitration Agreement

In 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445). This law prohibits employers from requiring arbitration for claims involving sexual assault or sexual harassment.

Our updated arbitration agreement is fully compliant with this law and still protects your business in all other employment-related claims. It’s enforceable in all 50 states—including California—and limits your exposure to expensive, public litigation.

Benefits include:

• Keeps your business out of the courtroom

• Waives jury trials in non-arbitrable claims

• Reduces visibility to ICE and other enforcement agencies

• Prevents class and collective actions

• Protects immigrant business owners from biased juries

• Helps you resolve disputes privately and quickly

What the Arbitration Agreement Covers

Our Mutual Jury Waiver, Consent to Arbitrate, and Waiver of Class and Collective Action Agreement is drafted under the Federal Arbitration Act and includes:

• Jury trial waiver for claims not eligible for arbitration

• Binding arbitration for most employment-related disputes

• Class and collective action waivers

• Streamlined and limited discovery to control costs

• Applicability to claims against supervisors and affiliates

• Bilingual versions (English and Spanish)

• Coverage that survives termination or rehire

The agreement is enforceable upon signature or continued employment.

How Arbitration Reduces Legal and Immigration Risk

Employers with public lawsuits or large jury verdicts are often targets for ICE audits and enforcement. By resolving disputes privately through arbitration, you reduce your visibility to immigration authorities. For immigrant-owned businesses, this can make a real difference in avoiding unnecessary government scrutiny.

Unlike public court records, arbitration proceedings remain confidential. You also avoid the risk of facing a biased jury that may not understand your business, workforce, or cultural background.

Ready to Take Control of Your Legal Exposure?

If you are not currently using an arbitration agreement—or are unsure whether your current version is legally compliant—now is the time to act.

To request the updated arbitration agreement or to learn more, contact our office today:

Phone: 281-493-5529
Email: in**@*************aw.com

Our legal team will help you implement the agreement and answer any questions about how it works and what protections it provides.