January 24, 2021

Volume XI, Number 24


January 22, 2021

Subscribe to Latest Legal News and Analysis

California Federal Court Issues Detailed Decision Explaining Its Preliminary Injunction to Block Anti-Arbitration Law

As we wrote here, United States District Court Judge Kimberly J. Mueller of the Eastern District of California wrote a brief “minute order” explaining that she was issuing a preliminary injunction to halt enforcement of California’s controversial anti-arbitration law, known as AB 51.

The new law, which was set to go into effect on January 1, 2020, would outlaw mandatory arbitration agreements with employees. AB 51 would also prohibit arbitration agreements that would require individuals to take affirmative action to be excluded from arbitration, such as opting out.  The law would also appear to extend to jury waivers and class action waivers. And it would include criminal penalties.

As she had indicated she would do, Judge Mueller has now issued a more detailed order explaining her decision to enjoin enforcement of the statute.

In her order, Judge Mueller found that the business groups that had filed suit were likely to prevail on their argument that AB 51 is preempted by the Federal Arbitration Act (“FAA”).  And she found that, absent an injunction, AB 51 would cause irreparable harm to business groups not only by affecting the California employment market, but by exposing businesses to criminal charges.

It seems highly unlikely that this order will be the death of the controversial statute.  Instead, it appears likely that the attorney general will appeal the decision to the Ninth Circuit Court of Appeal – and that whichever side is on the losing end there will seek review by the United States Supreme Court.

©2020 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume X, Number 41



About this Author

Michael S. Kun, epstein becker green, los angeles, labor, employment

Mr. Kun's practice includes:

  • Litigating more than six dozen class actions and collective actions in California, New York, Georgia and Maryland involving a variety of employment issues, including discrimination and wage-hour claims, and successfully defeating motions for class certification on such claims. The sizes of the putative classes have ranged from 75 to approximately 15,000 employees.

  • Litigating a wide variety of employment-related claims, including discrimination, harassment,...