Today, the United States District Court for the Eastern District of California issued an order enjoining the California Attorney General, California Labor Commissioner, the California Workforce Development Agency, and the California Department of Fair Employment and Housing from enforcing Assembly Bill (AB 51). The Court had previously extended a temporary restraining order until January 31, 2020, to prevent the enforcement of AB 51, which prohibits the mandatory arbitration of FEHA or Labor Code violations as a condition of employment. (See KYL Alert dated January 23, 2020). Upon the expiration of the temporary restraining order, U.S. District Judge Kimberly J. Mueller granted plaintiffs’ preliminary injunction enjoining the California Attorney General, Labor Commissioner of the State of California, California Labor and Workforce Development Agency, and the California Department of Fair Employment and Housing from enforcing AB 51 with respect to any arbitration agreement covered by the Federal Arbitration Act (“FAA”). Judge Mueller’s Minute Order provides that she will explain the court’s reasoning in a detailed, written order in the coming days.
– Keesal, Young & Logan Employment Group
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