Federal Arbitration Act (FAA): Primary federal law governing arbitration agreements that provides for their validity, irrevocability, and enforcement
Title VII of the Civil Rights Act: Federal law prohibiting employment discrimination that must be considered in arbitration scope and procedures
Americans with Disabilities Act (ADA): Federal law protecting rights of disabled employees that must be accounted for in arbitration procedures
Age Discrimination in Employment Act (ADEA): Federal law protecting against age discrimination that must be considered in arbitration scope
Fair Labor Standards Act (FLSA): Federal law governing wages and hours that must be considered in arbitrable claims
National Labor Relations Act (NLRA): Federal law protecting workers' rights to collective action, affecting class action waivers in arbitration
State Arbitration Statutes: State-specific laws governing arbitration procedures and enforcement within each jurisdiction
State Employment Laws: State-specific employment regulations that must be considered in arbitration scope and procedures
Unconscionability Doctrine: Legal principle requiring arbitration agreements to be procedurally and substantively fair
Mutual Obligation Requirements: Legal principle requiring both employer and employee to be bound by arbitration terms
Epic Systems Corp. v. Lewis: Supreme Court precedent upholding class action waivers in employment arbitration agreements
Ending Forced Arbitration Act 2021: Federal law prohibiting mandatory arbitration of sexual assault and sexual harassment claims
Cost-sharing Provisions: Legal requirements regarding the allocation of arbitration costs between employer and employee
Statute of Limitations: Time limits for bringing claims that must be properly preserved in arbitration agreements
Class Action Waiver Rules: Regulations governing the permissibility and scope of class action waivers in arbitration agreements
