"Employment disputes should not be forced into the expensive and overburdened court system when the easier and more flexible mechanism of arbitration offers the exact same remedies."NRF Vice President Lizzy Simmons
WASHINGTON – The National Retail Federation welcomed a preliminary injunction issued today against a California law that would prohibit employers from requiring workers to agree to arbitration of employment issues.
“The judge has taken the proper step of keeping this misguided law on hold,” NRF Vice President for Government Relations and Workforce Development Lizzy Simmons said. “This measure clearly conflicts with federal law and would deprive California employers and workers from benefiting from the advantages of arbitration. Employment disputes should not be forced into the expensive and overburdened court system when the easier and more flexible mechanism of arbitration offers the exact same remedies.”
U.S. District Judge Kimberly Mueller today issued a preliminary injunction blocking implementation of Assembly Bill 51 while litigation against the law is pending. The injunction follows a temporary restraining order the Sacramento-based judge issued in late December that kept the law from taking effect on January 1 as originally scheduled.
The court action comes in a lawsuit filed against the measure in early December by NRF and other business groups. The lawsuit argues that state-level anti-arbitration laws are preempted by the Federal Arbitration Act and notes that the U.S. Supreme Court has supported federal preemption of such laws.
Signed by Governor Gavin Newsom in October, A.B. 51 would bar companies from requiring job applicants and workers to agree to mandatory arbitration as a condition of employment.
The National Retail Federation, the world’s largest retail trade association, passionately advocates for the people, brands, policies and ideas that help retail thrive. From its headquarters in Washington, D.C., NRF empowers the industry that powers the economy. Retail is the nation’s largest private-sector employer, contributing $2.6 trillion to annual GDP and supporting one in four U.S. jobs — 42 million working Americans. For over a century, NRF has been a voice for every retailer and every retail job, educating, inspiring and communicating the powerful impact retail has on local communities and global economies.