Calif. Ruling Shows Limits Of Arbitration Pacts With Minors

By Scott Wenner (December 11, 2020, 12:05 PM EST) -- The hostility of California courts to mandatory arbitration of employment disputes is well chronicled. Indeed, many of the key U.S. Supreme Court precedents mandating enforcement of agreements to arbitrate, or certain of their terms, have been reversals of California courts that refused to enforce those agreements.

Recently, in denying fast food restaurant Del Taco LLC's motion to compel arbitration of an 18-year-old former employee's sexual harassment and other claims, the California Court of Appeal's Fourth Appellate District used a somewhat novel[1] basis for holding an arbitration agreement to be unenforceable.

Background

In Coughenour v. Del Taco,[2] a former employee had signed an arbitration...

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