Can California Protect Employees from Entering into Mandatory Pre-Dispute Arbitration Agreements and Avoid Federal Preemption?
In California, legislative efforts to prevent employers from requiring employees to sign pre-dispute arbitration clauses, removing the right to a court or jury trial, have traveled a long and rocky road. The biggest rock — really a boulder — has been the doctrine of federal preemption. Does the Federal Arbitration Act (FAA) preempt California’s most recent attempt to prevent employers from requiring employees to enter into mandatory pre-dispute arbitration agreements? (Published in California Litigation Vol. 34, No. 3, 2021 – The Journal of the Litigation Section of the California Lawyers Association)[Reprinted with permission.]
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