As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a law that prohibited “forced arbitration” as a condition of employment.
After years of litigation, the Ninth Circuit’s ruling upholds a federal district court’s preliminary injunction that temporarily blocked California from enforcing AB 51 and all but guarantees that AB 51 will never be enforceable. While California could seek review from the Ninth Circuit (en banc) or the Supreme Court of the United States, given the Supreme Court’s line of cases upholding FAA preemption, we think this decision will stand…
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This article first appeared on the Securities Arbitration Alert, here. A split Ninth Circuit has finally ruled on the validity of AB-51, which would restrict predispute arbitration clauses (“PDAA”) in...
By George FriedmanIn this episode of the Arbitration Conversation, Amy interviews Tanya Venter advocate of the High Court and a member of the Johannesburg Bar. Previously the CEO of Tokiso, Tanya remains...
By Tanya Venter, Amy SchmitzThis article was first published on the Securities Arbitration Alert blog. A California appellate court rules that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“Act” or “EFASASHA”) can...
By George Friedman
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