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A prelude to preemption?

By Ryan D. Derry, Cliff M. Palefsky Brian Cardile, Brian Cardile | Jan. 10, 2020

Labor/Employment

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. Derry

Paul, Hastings LLP

Email: ryanderry@paulhastings.com

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.

#355815

Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter
brian_cardile@dailyjournal.com

Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter
brian_cardile@dailyjournal.com

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