We advise all our Members to use stand-alone arbitration agreements, if they use them at all. Here’s one reason why: http://www.courtinfo.ca.gov/opinions/documents/H036242.PDF. This is also a good case to learn about these agreements in general.
In another case, the California Court struck down a portion of the arbitration agreement related to class action and representative action under the Private Attorney General Act. http://www.courtinfo.ca.gov/opinions/documents/B222689.PDF
Lesson for employers: Get a lawyer who stays up on these laws to draft your arbitration agreement so that it complies with the constant scrutiny of the courts. Unfortunately, it’s gotten to a point where even the lawyers can’t guarantee it still won’t get thrown out! All they can guarantee is the first fight will be over the enforceability of the agreement. If that’s the case are they really still worth it?