This paper first discusses the particular facts and proceedings in Reyes. Next, it will discuss the complicated legal landscape that affects the interpretation of class arbitration waivers in California. Then, this paper will analyze the California Court of Appeals' rationale for its holding in Reyes. Next, this paper will construct an argument in favor of allowing employees to maintain bargaining rights in some circumstances, despite the existence of a class arbitration waiver in an employment contract. Finally, this paper will explore outside factors that may affect the Supreme Court of California's ability to render a decision and analyze how the court's reasoning could leave its own impact on the current legal landscape in California.
Joanna L. Byrne,
There Has Been a MisConcepcion: The FAA Does Not Foster the Waiver of Statutory Rights: Reyes v. Liberman Broad, Inc.,
2013 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2013/iss2/9