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Labor/Employment

Aug. 15, 2002

Including an Opt-Out Provision Can Make Arbitration Clause Enforceable

Focus Column - By Michele C. Coyle and Margery M. Fernald - Can a California employer successfully avoid litigating the enforceability of a mandatory arbitration provision? The answer appears to be yes. On March 22, the 9th U.S. Circuit Court of Appeals determined that an employee who failed to sign an opt-out provision must arbitrate his state law employment claims.

        Focus Column
        
        By Michele C. Coyle and Margery M. Fernald
        
        Can a California employer successfully avoid litigating the enforceability of a mandatory arbitration provision? The answer appears to be yes. ...

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