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the stated reason for arbitration is quote efficiency it's faster cheaper and a bus risk now tackling Pincus agreed we could probably have a whole session good thing but is it a stir 85% of cases in arbitration take as long as court proceedings is it cheaper you gotta pay the arbitrator which could be $10,000 or more a day and is it is there less risk there's no judicial review there's no appeal one thing it does do is it gives you confidentiality which you can't give a public court proceeding yeah so that's the Primo advantage judicial requirements for arbitration are it has to be procedurally fair in order to have a ballot filtration agreement meaning it has to be signed under conditions in which it seems it experienced its means it's bothering the person agreed to it and if it's not procedurally fairly the more you go down the scale of procedural fairness you have to show something Affairs which means that the arbitration itself is going to be fair and have a neutral arbitrator discovery rights you're going to have it's what looks like it's going to be a fair proceeding for the employee in this situation one of the things that the courts have found is you cannot force the employee to pay more than they would have to pay a bit to court so that means that the employer ends up paying for the arbitrator's fees which as we talked about previously can't be significant and arbitration has not applied some claims the courts have held at Agra claims in particular those Kathleen mentioned earlier are not cannot be covered by an arbitration agreement so in the legislature past two statutes this year affecting arbitration agreements the first one is there are remedies for breach of an arbitration what happened problem legend she was trying to solve it players were forcing employees into arbitrations then they would not pay the fees because remember the player has to pay the fees it not being feeds the arbitration goes into limbo and the player hasn't the employee has November they're stuck in arbitration and the feeding won't continue until the arm until the employer pays the fees so that's a problem so basically SB 707 was designed to apply both consumer and employment contracts and says that if the drafting party reaches the agreement they waive the right to arbitration and it also defines with me to the agreement as failing to pay the fees within 30 days after they're required so that was pretty clear what they were trying to solve if if the player reaches the agreement what happens is the employee can sue them in court or they can continue with arbitration in court and the court shall impose sanctions against the employer including reasonable expenses and attorneys fees and the court can award evidentiary or terminate the sanction other words ruling in favor of the employee if this happens maybe 51 creates a ban on mandatory arbitration agreements what does that mean prohibits the conditioning of employment or employment benefits or upon on waiver of Rights under either FINA or the labor code so we 8 wage and hour type things but it does not do is it doesn't apply to common law claims it's a contract or wrongful termination things like that and it prohibits requiring an employee to opt out of arbitration so you give them an agreement say if you don't want to go to arbitration check this box can't do that what you can do is you can say you go here's the arbitration provision employee if you want to go to arbitration check this box and opt in is OK and opt out is not it does not apply to post dispute settlement agreements does not apply to negotiated severance agreements it also prohibits against an employee or an applicant for refusing to sign an arbitration agreement and violation creates both civil and criminal liability it's a misdemeanor and there's a private right of action under FEMA including damages and attorneys okay now what the statute says it does not impact gruesome effect January 1st does not impact existing agreements so long as they're not extended modified or created after January 1st Governor Brown and vetoed the same bill the previous year saying that it plainly violates federal law federal law the Federal Arbitration Act shows a clear preference for arbitration the US Supreme Court has basically said any state laws that violate the FAA needs clear preference for arbitration are and earlier this year in new york federal court actually valid in new york statute was very similar to a b51 now a b51 contains some language in it that says it's not intended to invalidate a written agreement that's otherwise enforceable under the Federal Arbitration Act maybe fifty one's going to be in court there's considerable considerable and community in the statute there's a possible violation of the FAA there's a huge industry cottage industry in California doing with arbitrations of these types of consumer and employment disputes and where do you think they're generous maybe it's going to be to make sure this law gets overturned and the possible risk to you as an employer if you've got an arbitration agreement is that you could be liable so what are your options your options are do not enter into modify or extend arbitration January first seems pretty simple limit agreements after January first to non feeha and non labor code claims no fee not claims no wage and our claims those are usually the ones that are most important to the player so does that really accomplish that you can ignore the issue and of the best which is probably not a good approach to business or you can revise your arbitration agreements to ensure that they're completely voluntary