The battle concerning California’s Assembly Bill (AB) No. 51—the law seeking effectively to ban mandatory employment arbitration in California—continues to rage.
On October 20, 2021, the U.S. Chamber of Commerce, the lead plaintiff challenging AB 51, filed a petition for rehearing en banc with the U.S. Court of Appeals for the Ninth Circuit, seeking to reverse the Ninth Circuit’s decision in Chamber of Commerce of the United States of America v. Bonta, No. 20-15291 (September 16, 2021), partially upholding AB 51.
The Chamber’s most recent filing asks the full Ninth Circuit to reconsider the 2–1 decision of a three-judge panel holding that California law may prohibit employers from seeking, on a mandatory basis, arbitration agreements with their employees, but only if an arbitration agreement is not consummated…
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