Courts have been increasingly applying elements of the Federal Arbitration Act to more and more employer/employee arbitration disputes. Currently, 49 states have encoded into state statutes, the Uniform Arbitration Act (1956). These two combined situations are giving arbitration decisions and subsequent agreements the enforcement of state and federal law.
Recent Ruling in the Iskanian v. CLS Transp. Los Angeles, LLC
This is fully illustrated by the recent June ruling by the California Supreme Court. The ruling, according to the California Employment Law Update, in the case of Iskanian v. CLS Transp. Los Angeles, LLC upheld class action waivers in arbitration agreements concerning employment. The California Supreme Court ruling referenced the U.S. Supreme Court case AT&T Mobility v. Concepcion.
In the California decision, the ruling held that the AT&T case invalidated state procedures that ran contrary to the arbitration. This means the ruling in a previous California case, Gentry v. Superior Court, concerning unenforceable class waivers had essentially been overturned by the fact that Federal law overrides State Law.
In the Iskanian case, the California Supreme Court rejected claims that the National Labor Relations Board stance, that class waivers are in violation of Section 7 of the National Labor Relations Act were not a controlling factor. Essentially, in light of the ruling in AT&T, the position of the NLRB was incorrect or non-binding.
Impact of Arbitration Agreements
With these changes, the impact on arbitration agreements and subsequent decisions will be far reaching. As with any changes in the law, the impact on specific cases can only be determined by a qualified and experienced attorney.
Contact Our Coachella Valley Arbitration Lawyers to Discuss Your Case
For individuals in pursuit or considering proceeding with a case concerning arbitration or arbitration agreements in California, consultation with a Coachella Valley arbitration lawyer is a highly recommended course of action. Arbitration and mediation are complex and intricate areas of the law. Making sure to retain the services of a qualified arbitration lawyer can make the difference between success and failure.
This blog post does not serve as legal advice or as a consultation for services. Please contact our attorneys at 760-322-2275 or for a consultation.
