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California's Dispute Resolution Community

AB 465 (Hernandez) Contracts against public policy. Support with amendment. Vetoed.

Would have prohibited any person from requiring another person, as a condition of employment, to agree to the waiver of any legal right, penalty, forum, or procedure for any employment law violations. Would have prohibited a person from threatening, retaliating against, or discriminating against another person based on a refusal to agree to such waiver, and would have provided that any such waiver required from an employee or potential employee as a condition of employment or continued employment is unconscionable, against public policy, and unenforceable. CDRC proposed alternate language designed to avoid FAA preemption, but it was rejected by the author. CDRC discussed preemption concerns with the Governor’s Office.

AB 1123 (Mayes) Dispute resolution programs: court administration. Opposed. Died.

Would have permitted a county that has established and is operating a dispute resolution program as described above to contract with the superior court of the county to transfer operation of the program to the court.

CDRC continued to monitor the CLRA’s study of mediation confidentiality and attended and spoke at all of its quarterly meetings.