In California, Late Payment Of Arbitration Fees May Be Excusable

Courts may excuse late arbitration payments, California's highest court recently held in a victory for employers.

As a condition of his employment with Golden State Foods Corporation, sanitation worker Dana Hohenshelt signed an agreement requiring all employment-related claims to be resolved through arbitration governed by the Federal Arbitration Act (FAA).

In late 2019, Hohenshelt reported to his superiors that a sanitation lead was sexually harassing one of his coworkers. When management failed to take action, he reported the harassment up the chain.

Hohenshelt claimed that Golden State retaliated and terminated him in April 2020. He then sued Golden State, alleging discriminatory retaliation, failure to prevent harassment and retaliation and various Labor Code violations.