News & Analysis as of

Federal Arbitration Act Employment Contract California Fair Employment and Housing Act

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
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

Jackson Lewis P.C.

Federal Arbitration Act Preempts California Ban on Mandatory Arbitration Contracts, Ninth Circuit Holds

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of a preliminary injunction barring enforcement of California’s Assembly Bill (AB) 51 with respect to arbitration agreements governed by the...more

Troutman Pepper Locke

Ninth Circuit Restores California's Ban on Mandatory Employment Arbitration Agreements

Troutman Pepper Locke on

On September 15, a Ninth Circuit panel in a 2-1 decision vacated a preliminary injunction, which has blocked enforcement of California Assembly Bill (AB) 51 since January 2020. The decision also partially struck down the...more

Weintraub Tobin

Ninth Circuit Saves Most Of California’s New Anti-Employment-Arbitration Law

Weintraub Tobin on

On September 15, 2021, California’s efforts against the enforcement of employment arbitration agreements continue as the Ninth Circuit reversed, in part, a district court’s conclusion that California Assembly Bill 51 (AB 51)...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

Vedder Price

Federal Court Preliminary Enjoins Enforcement of New California Arbitration Law AB 51

Vedder Price on

On Friday, January 31, 2020, Chief District Judge Kimberly J. Mueller of the federal District Court for the Eastern District of California issued a Preliminary Injunction (PI) against the State of California, enjoining the...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

Payne & Fears

Federal Judge Temporarily Enjoins California From Enforcing AB 51

Payne & Fears on

Yesterday, a federal judge from the Eastern District of California granted a temporary restraining order preventing California from enforcing Assembly Bill (AB) 51. ...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

Kelley Drye & Warren LLP

California Employers Forbidden to Require Employees to Agree to Arbitrate Certain Disputes

Kelley Drye & Warren LLP on

On October 13, 2019, California Governor Gavin Newsom signed into law Assembly Bill 51 (“AB 51”). In a momentous upheaval of existing law, AB 51 prohibits California employers from requiring employees to agree to arbitrate...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

Pillsbury Winthrop Shaw Pittman LLP

Significant Changes Ahead for California Employers, Effective January 1, 2020

California Governor Gavin Newsom has signed numerous pro-employee bills into law that will impact all Golden State employers starting January 1, 2020. For now, preparation and compliance planning are essential. Employers...more

Perkins Coie

California Employment Law Legislative Update 2020

Perkins Coie on

With the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year. The following update provides a brief overview of...more

Hogan Lovells

Did California Ring the Death Knell or the Fight Bell in Trying to Ban Arbitration Agreements with AB 51?

Hogan Lovells on

California Governor Gavin Newsom recently signed into law 15 bills designed to provide greater employee protections in California.  Among those bills were Assembly Bill 9 (“AB 9”) and Assembly Bill 51 (“AB 51”), both of which...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

Ervin Cohen & Jessup LLP

California Bans Mandatory Employment Arbitration Agreements

Ervin Cohen & Jessup LLP on

Effective January 1, 2020, Assembly Bill 51 will prohibit employers from requiring employees to waive forum or procedure rights under the Fair Employment and Housing Act or the Labor Code in favor of arbitration as a...more

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