Can California Protect Employees from Entering into Mandatory Pre-Dispute Arbitration Agreements and Avoid Federal Preemption?
By Paul J. Dubow & Marc D. Alexander
Paul Dubow began arbitrating cases in 1972 and was initially trained as a mediator in 1994. He became a full time neutral in December 2000, following his retirement after 26 years as director of litigation at Dean Witter Reynolds. He has arbitrated or mediated over 550 cases. firstname.lastname@example.org.
Marc Alexander is a mediator and litigator at AlvaradoSmith APC. He authors the blog California Mediation and Arbitration (www.calmediation.org) and co-contributes to the blog California Attorneys Fees (www.calattorneysfees.com). His email is email@example.com.
In California, legislative efforts to prevent employers from requiring employees to sign pre-dispute arbitration clauses, removing the right to a court or jury trial, have traveled a long and rocky road. The biggest rock â really a boulder â has been the doctrine of federal preemption. Does the Federal Arbitration Act (FAA) preempt California’s most recent attempt to prevent employers from requiring employees to enter into mandatory pre-dispute arbitration agreements?