An arbitration clause in H-2A employment contracts is a provision that requires disputes between the employer and the H-2A worker to be resolved through arbitration rather than through litigation in the courts. This clause is designed to provide a private and potentially more expedient resolution process for employment disputes. The Ninth Circuit Court of Appeals has upheld the enforceability of such clauses, provided they are not signed under economic duress or undue influence. Employers should ensure that arbitration agreements are presented fairly and clearly to H-2A workers, allowing them the opportunity to understand and voluntarily agree to the terms.
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