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ARTICLE · 06 NOVEMBER 2019

California's New AB 51 Guts Mandatory Employment Arbitration

California Gov. Gavin Newsom on Oct. 10 signed into law Assembly Bill 51. The new law, which goes into effect on Jan. 1, 2020

United StatesLitigation, Mediation & Arbitration

California Gov. Gavin Newsom on Oct. 10 signed into law Assembly Bill 51. The new law, which goes into effect on Jan. 1, 2020, outlaws forced arbitration of a significant majority of claims employees and former employees can bring against their employer. Employers are now forced to decide whether to do away with mandatory arbitration provisions altogether, or keep them, in which case they must be significantly restructured to comply with the new law.

What is AB 51?

AB 51 adds new Section 432.6 to California's Labor Code. It prohibits all employers from conditioning employment, continued employment or the receipt of any employment benefit (like a bonus or promotion) on a requirement that the applicant or employee waive the right to bring legal claims for any violation of the Labor Code or California's Fair Employment and Housing Act (FEHA) in court or any other forum.

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