California’s novel new law to limit the use of workplace arbitration agreements stands a chance to survive judicial review despite the headwinds against such restrictions, according to some legal scholars.
The Golden State finalized a law this month that prohibits employers from requiring that job applicants or workers sign arbitration pacts as a condition of employment. That represents a departure from the other states’ tactic to declare that agreements to arbitrate certain types of claims are invalid, which all but guarantees that those measures will be preempted by the Federal Arbitration Act, scholars said.
“I think the approach taken by ...