California has attempted to limit and sometimes prohibit class action waivers several times, and nearly as many times federal courts have held that federal law preempts California law, allowing class action waivers. 4 Whether a class action waiver is enforceable often depends on the type of claim at issue and the facts and circumstances of the case.
With the help of an experienced employment attorney, you can determine whether your class action waiver is enforceable.
- What is AB 51?
As of January 1, 2020, California employers can no longer require job applicants or employees to waive their rights to sue as a condition of either:
Get hired,
Remain employed, or
Get benefits
And if job applicants or employees refuse switzerland email list arbitration, the employer cannot retaliate in any way (such as firing or disqualifying them).
However, any pre-existing arbitration agreements between workers and employers remain valid under this new law.5
Call our law firm for legal advice. We offer free consultations.
Call us for help
For questions about California arbitration agreement laws, or to confidentially discuss your case with one of our qualified California employment attorneys, please feel free to contact us at the Shouse Law Group.
We have local law offices in Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay Area, and several nearby cities.