In general, yes. The U.S. Supreme Court ruled in 2001 that the FAA applies to employment contracts as a whole. Most of the above decisions limited the ability of employers to compel workers to accept arbitration provisions under the FAA. Since the U.S. Supreme Court`s decision in 2001, the application of employer-forced arbitration agreements has increased sharply, as have decisions to enforce such agreements against workers. But even this general policy, which imposes forced arbitration, has limits. The imposition of high costs for a worker who wishes to enforce his rights under the law may, depending on the circumstances, render an arbitration agreement unenforceable. It is important for an employee to realize that sometimes these costs are not obvious. Arbitrators may charge very high fees, including for participation in the case – sometimes thousands of dollars – in addition to an hourly rate for their services. Proof of the cost of arbitration is sometimes difficult to obtain and is sometimes required by the courts to use this ground as the basis for reaching an agreement. No fixed dollar amount is considered too high to force an employee to pay.

Over the past two decades, it has become increasingly common for companies to require their employees to sign arbitration agreements. These agreements provide that all disputes related to the employment of an individual (including the rights to discrimination or harassment) must be resolved in private arbitration and not in a courtroom open to the public. And as a general rule, these arbitration agreements provide that the arbitrator`s decision is not subject to judicial review, which means that the arbitrator`s decision is final, even if the arbitrator misinterpreted the law or misunderstood the facts. Nevertheless, in 2014, the National Labor Relations Board ruled to Murphy Oil that a forced arbitration agreement, in which workers waived their right to participate in collective rights, was an unfair work practice by the employer and was therefore unenforceable. It is important to note that when cases are heard by an NRB judge, the losing party has the right to challenge the review decision by the five-member full chamber and, finally, to challenge the decision in a federal court. It is therefore important to remember that a decision at the NRB level, positive or negative, may not go beyond the appeal process.