Six California appellate court decisions since the last issue of the Parker Milliken Labor Law Update on April 24, 2012 show, first, that recent U.S. Supreme Court decisions upholding arbitration agreements containing class-action waivers have pushed the California courts to rethink their prior apparent hostility to such agreements, and, second, that courts still will not hesitate to find inartfully drafted arbitration provisions unenforceable where they fail to contain bilateral arbitration provisions in a document that clearly gives the employee notice of the arbitration provision and class-action waiver. Therefore, now is the opportune time to make sure your arbitration documents are up-to-date. We assist many clients in developing their arbitration policies.
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