In Circuit City Stores, Inc. v. Adams, the U.S. Supreme Court held that mos
t arbitration agreements between employers and their employees are enforcea
ble under the Federal Arbitration Act. The Court held that the FAA's exclus
ion from its coverage of "workers engaged in... interstate commerce" is nar
row and excludes only workers literally engaged in The transportation acros
s state lines. With the backing of the FAA cis a powerful enforcement tool,
employers should focus on the remaining crucial, but very manageable, lega
l issues for drafting an arbitration program, These issues include ensuring
employee access to a fair process, as well as accounting for differences a
mong various jurisdictions concerning the requirements for contract formati
on and knowing and voluntary waiters of a judicial forum.