After Circuit City, are there any limits on enforcing arbitration agreements?

Authors
Citation
Kd. Schwartz, After Circuit City, are there any limits on enforcing arbitration agreements?, EMPL REL L, 27(2), 2001, pp. 5-29
Citations number
4
Categorie Soggetti
Law
Journal title
EMPLOYEE RELATIONS LAW JOURNAL
ISSN journal
00988898 → ACNP
Volume
27
Issue
2
Year of publication
2001
Pages
5 - 29
Database
ISI
SICI code
0098-8898(200123)27:2<5:ACCATA>2.0.ZU;2-4
Abstract
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.