News & Analysis as of

Preemption California Fair Employment and Housing Act Arbitration

Sheppard Mullin Richter & Hampton LLP

Choice-of-Law Provisions Cannot Circumvent Ending Forced Arbitration Act, Court of Appeal Rules

On February 3, 2025, the California First District Court of Appeal held that a party to an arbitration agreement cannot rely on a choice-of-law provision to wire around the federal Ending Forced Arbitration of Sexual Assault...more

Littler

Ninth Circuit Allows Enforcement of Employment Arbitration Agreements in California

Littler on

In a significant win for California employers, the Ninth Circuit Court of Appeals, in Chamber of Commerce v. Bonta,1 affirmed a district court injunction striking down California Assembly Bill 51 (“AB 51”) as preempted by the...more

Payne & Fears

Key California Employment Law Case Summaries: September, October, and November 2022

Payne & Fears on

Summary - Where an employer can and does track the exact time in minutes that its employees work each shift, and those records show that employees were not paid for all the time they worked, neutral time rounding is not a...more

Orrick, Herrington & Sutcliffe LLP

California’s Mandatory Arbitration Ban is Upheld (For Now) – What This Means for Employers

On September 15, 2021, in a 2-1 decision, the Ninth Circuit upheld most of California’s law banning mandatory arbitration agreements and prohibiting employers from retaliating against applicants who refuse to sign an...more

Morgan Lewis

Ninth Circuit Permits California Ban on Mandatory Arbitration

Morgan Lewis on

In a 2-1 decision, the US Court of Appeals for the Ninth Circuit on September 15 reversed a district court’s order enjoining the enforcement of California Assembly Bill 51 (AB 51) codified as Labor Code Section 432.6. Chamber...more

ArentFox Schiff

AB 51 Update: Federal Court Preliminarily Enjoins California Law Restricting Employment Arbitration Agreements

ArentFox Schiff on

On October 10, 2019, California Governor Gavin Newsom signed into law California Assembly Bill 51 (“AB 51”), which prohibits California employers from requiring prospective and current employees to “waive any right, forum, or...more

Littler

California Court Concludes that Anti-Arbitration Law is Likely Preempted

Littler on

On February 7, 2020, the U.S. District Court for the Eastern District of California issued an order supporting its injunction of Assembly Bill 51 (AB 51), an expansive anti-arbitration law enacted in October, which was...more

Littler

Federal Court Halts Enforcement of California Arbitration Law

Littler on

A California federal court has granted a preliminary injunction blocking enforcement of Assembly Bill 51, an expansive anti-arbitration law enacted in October and set to take effect on January 1, 2020....more

Mintz - Employment Viewpoints

California’s Ban on Mandatory Employment Arbitration Stayed for Now

California AB 51’s ban on mandatory employment arbitration remains stayed for now. AB 51 was passed in fall 2019 and essentially prohibits employers from requiring an applicant or employee to consent to mandatory arbitration...more

Vedder Price

TRO Halts New Arbitration Law AB51

Vedder Price on

On December 30, 2019, a federal District Court issued a Temporary Restraining Order (TRO) against the State of California temporarily enjoining the State from enforcing Assembly Bill 51 (AB 51) —the new California law...more

Seyfarth Shaw LLP

AB 51 Challenge: TRO Granted

Seyfarth Shaw LLP on

Seyfarth Synopsis: Set to take effect on January 1, 2020, AB 51 would make it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. As...more

Ervin Cohen & Jessup LLP

Judge Orders Emergency Halt of AB 51 Employment Arbitration Law

A federal judge issued a temporary restraining order on Monday, December 30, to halt enforcement of California’s Assembly Bill 51 (AB 51), which was scheduled to go into effect on January 1, 2020. AB 51 would have prevented...more

Lewitt Hackman

Employers: California Assembly Bill 51 on Hold For Now

Lewitt Hackman on

We previously highlighted Assembly Bill 51, which prohibits employers from requiring employees or applicants for employment to “waive any right, forum, or procedure for a violation” of the Fair Employment and Housing Act or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

AB 51 Enjoined at the Last Minute: Court Issues TRO on California’s Arbitration Statute

As discussed in our prior article, California recently enacted Assembly Bill (AB) 51, a law that attempts to ban certain mandatory employment arbitration agreements in the state. Specifically, this new law purports to bar...more

McNees Wallace & Nurick LLC

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

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

Proskauer - California Employment Law

California’s Arbitration Ban Challenged in Federal Court

As expected, California’s effort to ban employers from requiring employees and applicants to sign an arbitration agreement has been challenged in federal court. The lawsuit was filed by a business coalition that includes the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

False Alarm? The Practical Impact of AB 51, California’s New Anti-Arbitration Statute

California recently enacted Assembly Bill (AB) 51, a law that attempts to ban certain mandatory employment arbitration agreements in the state. But what is the practical impact of AB 51 in light of its possible preemption by...more

Sheppard Mullin Richter & Hampton LLP

AB 51 – Arbitration Under Attack

On October 10, 2019, Governor Newsom signed Assembly Bill 51 (AB 51) into law. This important legislation is aimed at reversing a series of cases that allow employers to unilaterally impose pre-dispute arbitration agreements...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Answers to 10 Questions About California’s Ban on Mandatory Arbitration of Statutory Employment Claims

California is set to become the only state to outlaw predispute mandatory arbitration of statutory employment claims. On October 10, 2019, Governor Gavin Newsom signed California Assembly Bill (AB) 51, which prohibits...more

Littler

California AB 51 Bans Mandatory Employment Arbitration Agreements

Littler on

On October 13, 2019, California Governor Gavin Newsom signed Assembly Bill (AB) 51 into law, banning most employment arbitration agreements in California starting January 1, 2020. This new law is expansive in scope but short...more

Lewitt Hackman

“No more arbitration for you!”: The California #MeToo Affect Continues

Lewitt Hackman on

California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more

Fisher Phillips

New California Law Prohibits Most Mandatory Arbitration Agreements—For Now

Fisher Phillips on

• Under a new law just signed into effect by the California Governor and set to take effect on January 1, 2020, employers will no longer be able to compel workers into arbitration for state discrimination claims or those...more

BakerHostetler

California Enacts Anti-Arbitration Legislation, but Will the FAA Limit Its Potential Impact? Not Entirely.

BakerHostetler on

On Oct. 10, California Governor Gavin Newsom signed into law an attempt by California’s Legislature to limit arbitration of claims under California’s Fair Employment and Housing Act (“FEHA”). ...more

Seyfarth Shaw LLP

Zombie Apocalypse? Another (Unconstitutional?) California Assault on Arbitration

Seyfarth Shaw LLP on

Seyfarth Synopsis. On Thursday, September 5, 2019, the Legislature passed AB 51. This bill would ban mandatory arbitration agreements with respect to claims under the Labor Code and the Fair Employment and Housing Act while...more

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