Federal Arbitration Act

We asked nearly 4 years ago if Armendariz (the key California Supreme Court case from 2004 on employment arbitration) was on a collision course with Concepcion (the US Supreme Court case from 2011). Concepcion said that the Federal Arbitration Act preempts state laws that “stand[] as an obstacle to the accomplishment and execution of the

Governor Brown vetoed AB 465This bill would have disregarded federal law and banned mandatory agreements to arbitrate employment claims. In a veto message, he noted the lack of proof that arbitration was unfair to employees and the likelihood of the measure being struck down.

The governor also vetoed AB 1017, which

Last week, the state legislature passed AB 465 — a bill that prohibits employers from asking employees to agree to arbitrate employment claims unless the employees have their own attorneys negotiate the terms. Passing the bill looks like a futile exercise. The Federal Arbitration Act preempts state law in this area. In 2011, when the