California courts are notoriously hostile to arbitration and zealously protective of workers’ access to the courts. They regularly invalidate agreements that require employees or job applicants to arbitrate disputes. And the numerous procedural safeguards that California law requires can make arbitration nearly as complex, expensive and risky as taking a case to court.
But one California appellate court threw employment practitioners a curveball in April when it decided Roman v. Superior Court (Flo-Kem). The court upheld a very simple, pro-employer arbitration agreement and agreed to compel an employee to engage in arbitration rather than taking her dispute to court.
