When an employer determines to implement an arbitration clause program with its employees, one concern is that provisional relief deemed critical to prevent the loss of clients, employees, or devaluing of company trade secrets is unavailable or less effective. However, the California Arbitration Act (where it applies), has a statutory allowance for access to the courts for certain provisional remedies (such as TROs), as an aid to an arbitration proceeding. California Code Civil Procedure (“CC”) section 1281.8. Importantly for employers, the recent appellate court decision Baltazar v. Forever 21, Inc. (2012) 212 Cal.App.4th 221, confirms that invoking section 1281.8 as part of an arbitration clause will not make it unenforceable.(more…)