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California Ninth Circuit Panel Withdraws Prior Ruling on Anti-Arbitration Law (AB 51) Following Supreme Court Ruling

8/24/2022

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​On Monday, the Ninth Circuit panel that upheld AB 51 - California’s law banning mandatory arbitration agreements as a condition of employment - withdrew their prior opinion based on the Supreme Court’s decision in the Viking River Cruise case. The Viking River Cruise case decision upheld mandatory arbitration in the Private Attorneys General Act (PAGA) context.
​California’s AB 51 would allow individuals to sue a former employer as an agent of the state under PAGA. A coalition of business groups, including HCAOA, the U.S. Chamber of Commerce, the California Association for Health Services at Home, the California Chamber of Commerce and the California Retailers Association, filed a lawsuit in December 2021 to block AB 51. The lawsuit contends that AB 51 is contrary to a history of Supreme Court decisions declaring that states may not interfere with the arbitration process.
 
The Ninth Circuit panel has not issued a new decision yet, so HCAOA continues to follow the process and advocate for our members.
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  • Membership Resources
    • Member Login
    • Code of Conduct
    • Resources
    • Newsletters
    • Product & Services Guide
    • Join HCAOA
    • Benefits: Agency Membership
    • Benefits: Associate Membership
  • State Chapters
    • Alabama
    • Arizona
    • California
    • Connecticut
    • Florida
    • Georgia
    • Illinois
    • Massachusetts
    • Michigan
    • New Jersey
    • New York
    • Ohio
    • South Carolina
    • Virginia
    • Washington
    • West Virginia
    • Wisconsin
  • Education/Events
    • Calendar
    • National Home Care Conference >
      • 2023 Call for Speakers
  • Advocacy/Policy
    • Bring the Vote Home
    • Advocacy Fund
    • State of Home Care: Industry at Crossroads
    • Home Care Workforce Action Alliance
    • Caring for Seniors: Value of Home Care
    • Home Care by the Numbers
    • Issues & Positions
    • Legislative Action Network
    • State Legislation Tracker
    • Federal Legislation Tracker
  • About HCAOA
    • Mission & Vision
    • Board of Directors
    • Staff
    • Caregiver of the Year Award
    • News Releases
    • Advertising & Marketing
    • The Voice
    • Contact Us
  • Find a Job