January 25, 2023
Currently, employers may lawfully require California employees to agree to arbitrate employment claims (except for sexual assault and harassment claims). However, the ability to mandate arbitration in the foreseeable future is in limbo. In their article for The Recorder, Senior Employment Counsel Corinne Spencer and Senior Associate Antwoin Wall discuss why California’s Private Attorney General Act (PAGA) following the Viking River decision and AB 51, which is still on pause, are vital for employers awaiting direction on the state of mandatory arbitration.
“If employers want to require California employees to arbitrate individual PAGA claims, the Viking River decision has given them the thumbs up. Further, as we await a final decision on AB 51, now is a good time for employers to review and update their existing arbitration agreements to ensure that the language reflects that the agreement is entered into voluntarily, that PAGA claims are arbitrable, and that there will be no retaliation if the employee rejects the agreement,” the attorneys wrote.
Read the full article here.