The California Supreme Court today granted review in Mayer v. Volt Management. In an opinion (pdf) filed last February, the appellate court affirmed the denial of a petition to compel arbitration. One of the main reasons the court cited for doing so was the failure to include a copy of the applicable American Arbitration Association rules.
I explained here why, given ongoing changes in the law and corresponding changes in arbitration providers’ rules, any such requirement is unworkable. And here I discussed how California and federal law regarding workplace arbitration appear to be on a collision course.
This is not an easy time to draft employment arbitration agreements. In addition to the unresolved issue about whether you must physically attach the applicable rules, there are unresolved issues about the legality of class action waivers. We’ll continue to watch these issues closely.