 Based in Los Angeles, Daniel Chammas handles a wide range of defense assignments in the employment law sphere. Maintaining a strong interest in legal developments, Daniel Chammas provides representation that reflects the latest interpretations of state law.
In February 2023, the 9th Circuit Court of Appeals gave California employers a significant victory. Following three years of appeals, it affirmed a district court injunction in Chamber of Commerce v. Bonta that struck down Assembly Bill 51 (AB 51), for the reason that it is already covered under the Federal Arbitration Act (FAA). Created to promote arbitration agreements as a dispute resolution mechanism, the FAA has consistently been found by the U.S. Supreme Court to preempt state laws that seek to prevent arbitration agreements from being enforced. Signed into law in 2020, AB 51 concluded five years of state efforts to legislate rules that stop employers from requiring that workers enter into arbitration agreements as a prerequisite of employment. With the most recent ruling in place, California employers continue to have the right to employ mandatory arbitration agreements, both for new hires and existing employees. They can also require employees to waive (conditional to employment) their rights to litigate claims under the California Labor Code and Fair Employment and Housing Act (FEHA). Comments are closed.
|
Important Links
Categories
|
