Despite a series of decisions where the Supreme Court has upheld the use of arbitration in the employment context, the Court has never clearly stated that arbitration agreements contained in employment contracts fall under the Federal Arbitration Act (FAA). This omission has led to a split in the Circuits as to the scope of the FAA coverage ad exemption provisions. The controversy centers on whether the FAA covers all employment contracts except those of employees who transport people or goods in interstate commerce or whether the FAA exempts all employment contracts.
Lisa M. Eaton,
Arbitration Agreements in Labor and Employment Contracts: Well within the Reach of the FAA - Circuit City Stores, Inc. v. Adams,
2002 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2002/iss1/13