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Arbitration agreements have been a roller coaster for Missouri employers. Recently, in State ex rel. Hewitt v. Kerr, the Missouri Supreme Court enforced such an agreement, sending an employee’s discrimination lawsuit to arbitration. But overall, courts in Missouri have restricted the enforceability of arbitration agreements entered into between employees and employers. This month, the Missouri Court of Appeals continued that trend in Bowers v. Asbury St. Louis Lex, LLC, No. ED102229 (July 7, 2015). In Bowers, the court analyzed an arbitration agreement, which included a clause that purportedly allowed the employer to modify the agreement unilaterally and retroactively.

In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled arbitration of an employee’s age-discrimination claim.

Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of restricting the enforceability of arbitration clauses. If your company has an arbitration agreement…..

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the enforceability of arbitration clauses—serves as a cautious reminder for employers to continue asking a critical question:…..