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AB 51 Arbitration Update

by D. Gregory Valenza | |

AB 51 – California’s latest anti-arbitration law-  remains on hold.  As we told you here, a district court temporarily blocked enforcement of the new law, which would curb mandatory employment arbitration. The district court extended its temporary restraining order, giving the state additional time to supplement its briefing.  An article about the proceedings is here. As I originally wrote, this may not be a not a slam-dunk for preemption because it’s drafted to avoid it, although some law firms seem to think it is. What do I know, I’m just little old Greggy, the dummy.  Well, I hope those other firms are right, for your sake, dear reader or readers.  

Anyway, we’ll see what Judge Mueller says.  And then it’s off to the Ninth Circuit probably, and then perhaps the U.S. Supreme Court. But will the law be *partially* enforceable in the meantime? And, if so, what will employers have to do to comply?   So many questions. So few answers.  So exhausting. Stay tuned.  We’ll let you know.

 

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