Mitigating Exposure for California Employers Through Mandatory Arbitration Agreements

Active

Program Number

3354

Program Date

2023-05-03

CLE Credits

This program will discuss how California’s Private Attorneys General Act (“PAGA”), the Viking River Cruises decision, and Assembly Bill 51 (AB 51), which was scheduled to become law in 2020, intersected to create a conundrum in the state of mandatory arbitration for employers until the Ninth Circuit Court of Appeals recently ruled in Chamber of Commerce v. Bonta that the Federal Arbitration Act (FAA) broadly preempts state rules (i.e., AB 51) against arbitration. The Ninth Circuit decision was a triumph for California employers as a means to mitigate exposure in employment related disputes. However, it is unclear whether California will appeal the decision to the Ninth Circuit en banc or to the U.S. Supreme Court.

Attendees of the program will:

Obtain a clear understanding of the significance of the ruling and key takeaways for employers.
Learn what immediate next steps should be taken by employers to mitigate exposure.
Receive drafting tips and advice for revising settlement agreements to further mitigate exposure.
Be prepared for what may happen next if the state appeals the Bonta decision and frustrate what, by all accounts, is a major win for California employers.