California Labor Code Section 2870 in light of forced arbitration agreements

6 pointskhyryk1 comment

Would it ever be possible for an employer to use a forced arbitration agreement to resolve a dispute regarding the employee's claim on IP that would otherwise qualify as a non-assignable invention?

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It would be great to hear a lawyer's take on this. It seems to me like section 2872 is relevant to this, since it requires that the assignment part of the contract explicitly disclaim any protected inventions per 2870, and that contract language is presumably what would be looked at during arbitration. But I am definitely not a lawyer.

EDIT: It also seems like you'd have to be really unlucky to get an arbitrator corrupt enough to go against the language in section 2870.

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