When an employment contract purports to cover employment claims based on statutory or non-waivable rights or statutory rights, what are the requirements of an arbitration agreement?

MultiRegion, United States of America

The following excerpt is from Ware v. Golden 1 Credit Union, Inc., 375 F.Supp.3d 1145 (E.D. Cal. 2019):

When an arbitration agreement purports to cover employment claims based on statutory or non-waivable rights, it must provide the five protections discussed in Armendariz v. Foundation Health Psychare Servs., 24 Cal.4th 83, 97-99, 99 Cal.Rptr.2d 745, 6 P.3d 669 (2000). The agreement must allow for (1) all substantive remedies that would be available in a court action; (2) a neutral arbitrator; (3) adequate discovery; (4) a written award or decision; and (5) a limitation of the costs imposed on the employee that are unique to arbitration. Id. As Golden 1 argues, the arbitration agreement here provides each of these protections. Mot. at 6.

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