Etemadieh, Booth and Miles: Enforceable Arbitration Agreements in the Digital Workplace

Electronic arbitration agreements have become a routine part of onboarding employees for many businesses. Given the advantages they bring employers, they are unsurprisingly challenged frequently in court, according to Shook Partners Laura Booth and Marc Miles and Associate Katya Etemadieh. Booth, Miles and Etemadieh have co-authored an article titled “Enforceable Arbitration Agreements in the Digital Workplace” for the Fall 2025 issue of the ABTL Report—Orange County, a publication of the Association of Business Trial Lawyers’ Orange County, California, chapter.

 

Booth, Miles and Etemadieh note that the validity of the employee’s electronic signature adds a layer of complexity to electronic arbitration agreements. The burden of proving that a valid agreement exists predominantly falls on the employer, they explain, citing a decision from the U.S. District Court for the Central District of California that provides a roadmap for businesses navigating the issue. Booth, Miles and Etemadieh identify best practices for protecting electronically presented, reviewed and signed employee arbitration agreements, such as using secure, individual logins, tracking signatures and timestamps, and making agreements appropriately narrow.

 

“By combining clear drafting with thoughtful implementation, employers can significantly improve the likelihood that their electronic arbitration agreements will be upheld in court and avoid costly litigation over enforceability,” they advise.