Law360 recently quoted Akerman Labor and Employment partner Mishell Parreno Taylor on a Ninth Circuit Appellate Court decision about a California law creating criminal liability for employers that require arbitration agreements as a condition of employment. Parreno Taylor said the February ruling in Chamber of Commerce of the USA v. Bonta demonstrates that states may pass laws that affect arbitration, but they can't deter parties from entering into agreements to arbitrate.

"Federal law is a consideration," she said. "When we are talking about issues of preemption, I think the Bonta decision has highlighted that fact and that federal precedent is going to continue to be [an] important guiding principle when it comes to contract formation and the use and enforceability of arbitration agreements."

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