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Attorney Discusses the Fate of California Arbitration Bill

7.23.18

In the SHRM article “Calif. Arbitration Bill’s Fate Uncertain After High Court Ruling,” Sacramento attorney Benjamin Ebbink discusses the California bill approved by the State Assembly that would ban mandatory arbitration agreements. The bill, AB 3080, would prohibit mandatory arbitration agreements as a condition of employment, continued employment, or receipt of any work-related benefits.

However, In May the U.S. Supreme Court ruled arbitration agreements that include class-action waivers are enforceable under the Federal Arbitration Act (FAA), making the future of AB 3080 unclear.

According to Benjamin, the AB 3080 bill inspired by the #MeToo movement against sexual harassment doesn't cover only sexual-harassment claims. It also applies to a wide range of employment claims, including all forms of discrimination and all wage and hour issues. The bill, now being considered by the State Senate, is similar to a bill California Governor Jerry Brown vetoed in 2015. If it lands on his desk, Ben believes “the momentum from the #MeToo movement might push the governor to sign the bill.”

To read the full article, visit SHRM.

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