Cal. Sup. Ct.
S174475
The California Supreme Court reversed a decision of the court of appeal on remand from the U.S. Supreme Court. The court held that the Federal Arbitration Act preempts California’s state-law rule categorically prohibiting waiver of a Berman hearing in a predispute arbitration agreement imposed on an employee as a condition of employment. The court held further, however, that state courts may continue to enforce general contract unconscionability rules that do not otherwise interfere with the fundamental attributes of arbitration.
