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| Mandatory Arbitration Clauses Unenforceable |
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The 9th Circuit has held that arbitration clauses which an employer cannot force employees to sign as “mandatory” will not be enforceable. The court held that agreements which require arbitration of employment related disputes will not be enforced if the employee has no meaningful opportunity to opt out of the agreement and if the agreement places the employer in a superior legal position. See Davis v. O’Melveny & Myers (9th Cir. 2007) 485 F.3d 1066.
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