Jan. 10, 2020
A Prelude to Preemption?
California's new law against mandatory employment arbitration is blocked for now; will it survive?
Cliff M. Palefsky
Ryan D. DerryPaul, Hastings LLP
George Washington Univ LS; Washington DC
California's new law prohibiting mandatory arbitration clauses in employment contracts is on hold for now due to a Chamber of Commerce suit in the Eastern District, where Judge Kimberly Miller has granted a temporary restraining order and is weighing a preliminary injunction.
Our guests Cliff Palefsky (McGuinn, Hillsman & Palefsky) and Ryan Derry (Paul Hastings LLP) discuss whether federal courts will find the law preempted by the Federal Arbitration Act, and whether it may reach a U.S. Supreme Court that's been decided pro-arbitration in recent terms.