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.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.