News & Analysis as of

Preemption › Conditional Job Offers

Polsinelli

Ninth Circuit Decision Creates Uncertainty for California Employers Using Mandatory Arbitration Agreements

Polsinelli on

On September 15, 2021, the Ninth Circuit, in a 2-1 split decision, partially upheld a California law passed in 2019 governing the use of mandatory arbitration agreements by employers in California.  The state law, AB 51...more

McNees Wallace & Nurick LLC

Will the Federal Arbitration Act Dismantle California’s Prohibition Against Employment Arbitration?

McNees Wallace & Nurick LLC on

If your business operates in California, you need to be aware of AB 51, a law that will take effect January 1, 2020.  AB 51 precludes employers from requiring any applicant or employee, as a condition of employment, continued...more

Seyfarth Shaw LLP

AB 51 Challenge: How Should California Employers Ring In The New Year?

Seyfarth Shaw LLP on

Seyfarth Synopsis. As of January 1, 2020, AB 51 makes it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. But will AB 51 withstand...more

Littler

Kentucky Supreme Court Rejects Conditioning Employment on Agreement to Arbitrate

Littler on

On September 27, 2018, the Kentucky Supreme Court in Northern Kentucky Area Development District v. Snyder held that the Federal Arbitration Act (FAA) does not preempt a Kentucky statute, KRS § 336.070(2), barring employers...more

Jackson Lewis P.C.

Kentucky Supreme Court Holds Employers May Not Require Arbitration Agreements As A Condition Of Employment

Jackson Lewis P.C. on

On September 27, 2018, the Kentucky Supreme Court issued its opinion in Northern Kentucky Area Development District v. Danielle Snyder, No. 2017-SC-000277-DG and held that Kentucky employers may not require employees to sign...more

Littler

Michigan Expands its Preemption Law to Cover Interview Limitations

Littler on

On March 26, 2018, Michigan Governor Rick Snyder signed a bill that prohibits local governments from regulating the information employers can request from prospective employees during the interview process. ...more

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