Employment Law Daily covers recent current state and federal court decisions from the Supreme Court, Appellate Courts and District Courts. Ms. Carter wrote an excellent article titled, “Strategic Perspectives” in which she references the case Diaz v. Sohnen Enterprises, relating to arbitration clauses in the state of California.
“Arbitration clauses typically apply to all legal claims against an employer that have not yet been raised in court, including any claims arising out of events that took place months or years ago. In this sense, proposed arbitration agreements include an aspect of retroactivity, particularly when presented to existing employees.”