Federal Appeals Court Strikes Down California’s Ban on Employer/Employee Mandatory Arbitration Agreements

Yesterday, February 15, 2023, the Ninth Circuit Court of Appeals struck down a California law, AB 51, that prohibited employers from requiring employees to sign an arbitration agreement as a condition of employment or continued employment. The Court ruled that a federal law—known as the Federal Arbitration Act (“FAA”) —preempts AB 51 because AB 51 “stands as an obstacle” to Congress’s “policy of encouraging arbitration.”

Arbitration, Arbitration Agreements, California, Federal Appeals Court

Videos

December 15, 2022

Conducing the Unpleasant: The Skinny on Mass Layoffs

From news and social media companies like Twitter, Buzzfeed, and Meta, to multinational corporations like DoorDash and Amazon, a wave of mass layoffs has swept the US in 2022.

Arbitration, Arbitration Agreements, Employee, Human Resources

Videos

December 8, 2022

Introduction to Employee Arbitration Agreements

For a variety of reasons, employers often prefer to resolve employment-related disputes through arbitration, rather than a typical lawsuit in a state or federal court. In this video, we will discuss employee arbitration agreements and a couple of factors to consider when implementing them.

Arbitration, Arbitration Agreements, Employee, Human Resources

News

June 29, 2022

Cruising Up a River: The Aftermath of the Supreme Court’s Decision in Viking River

California employment law is often in tension with federal law. And that occasionally leads to consequences. Recently, in a highly anticipated case named Viking River Cruises v. Moriana, the U.S. Supreme Court ruled that California’s ban on mandatory arbitration of so-called individual PAGA claims is invalid (i.e., “preempted”) under federal law.

Arbitration, CA Employers, California, PAGA, Supreme Court, Viking River

Tag: Arbitration

Federal Appeals Court Strikes Down California’s Ban on Employer/Employee Mandatory Arbitration Agreements

Conducing the Unpleasant: The Skinny on Mass Layoffs

Introduction to Employee Arbitration Agreements

Cruising Up a River: The Aftermath of the Supreme Court’s Decision in Viking River

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