On June 8, 2020, the U.S. Supreme Court declined to review a California Supreme Court ruling inconsistent with the Federal Arbitration Act. The California high court struck down an arbitration agreement that, in its view, provided the parties too much procedure. It declared the agreement unconscionable on the ground that it set forth rules that look more like ordinary civil litigation than like California’s administrative wage-dispute resolution process. In an amicus brief it submitted urging review, WLF argued that the California Supreme Court’s ruling is nothing more than a thinly veiled attempt to ban wage-dispute arbitration altogether, in gross defiance of the FAA. The brief also placed the ruling in context, showing that it is simply the latest in a long line of recent California high court decisions that discriminate against arbitration.
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