Notes · Topic
Arbitration.
Recent California and federal decisions on arbitration, what each one holds, and what it means for a case on appeal. Written by Yisrael Gelb.
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Arbitration
A PAGA suit pleading only nonindividual claims cannot be sent to arbitration, the Fifth District holds
Can an employee bring a PAGA action with only nonindividual claims? Castillo v. Belkorp says yes, and those claims cannot be compelled to arbitration.
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Arbitration
Without the FAA, an arbitration agreement required as a condition of employment is unenforceable under section 432.6
Is a mandatory employment arbitration agreement enforceable in California without the FAA? Molina says no under Labor Code 432.6, affirming denial of arbitration.
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