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CHAMBER OF COMMERCE OF THE USA v. BONTA

No. 20-15291.

62 F.4th 473 (2023)

CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA; California Chamber of Commerce; National Retail Federation; California Retailers Association; National Association of Security Companies; Home Care Association of America; California Association for Health Services At Home, Plaintiffs-Appellees, v. Rob BONTA, in his official capacity as the Attorney General of the State of California; Lilia Garcia-Brower, in her official capacity as the Labor Commissioner of the State of California; Julie A. Su, in her official capacity as the Secretary of the California Labor and Workforce Development Agency; Kevin Richard Kish, in his official capacity as Director of the California Department of Fair Employment and Housing of the State of California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn August 22, 2022.

Resubmitted August 22, 2022 San Francisco, California.

Filed February 15, 2023.

Attorney(s) appearing for the Case

Chad A. Stegeman (argued) and Kristin A. Liska , Deputy Attorneys General; Michelle M. Mitchell , Supervising Deputy Attorney General; Thomas S. Patterson , Senior Assistant Attorney General; Xavier Becerra ; Attorney General of California; Office of the California Attorney General, San Francisco, California; Joshua A. Klein , Deputy Solicitor General, Office of the Attorney General, Oakland, California; for Defendants-Appellants.

Andrew J. Pincus (argued), Archis A. Parasharami , and Daniel E. Jones , Mayer Brown LLP, Washington, D.C.; Donald Falk , Schaerr Jaffe LLP, San Francisco, California; Maurice Baskin , Littler Mendelson PC, Washington, D.C.; Bruce J. Sarchet , Littler Mendelson, Sacramento, California; for Plaintiffs-Appellees.

Cliff M. Palefsky , Keith Ehrman , and Matt Koski , McGuinn Hillsman & Palefsky, San Francisco, California, for Amicus Curiae California Employment Lawyers Association.

George W. Abele and Deisy Castro , Paul Hastings LLP, Los Angeles, California, for Amicus Curiae California Employment Law Council.

Dylan B. Carp and Scott P. Jang , Jackson Lewis PC, San Francisco, California; Angelo I. Amador , Restaurant Law Center, Washington, D.C.; for Amici Curiae Restaurant Law Center and California Restaurant Association.

Barbara J. Miller and Kevin J. Bohm , Morgan, Lewis & Bockius LLP, Costa Mesa, California; Thomas M. Peterson , Morgan, Lewis & Bockius LLP, San Francisco, California; for Amicus Curiae Employers Group.

Fred Hiestand , Fred J. Hiestand APC, Sacramento, California, for Amicus Curiae Civil Justice Association of California.

Dissent by Judge Lucero

OPINION

California enacted Assembly Bill 51 (AB 51) to protect employees from what it called "forced arbitration" by making it a criminal offense for an employer to require an existing employee or an applicant for employment to consent to arbitrate specified claims as a condition of employment. But AB 51 criminalizes...

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