The Federal Arbitration Act and Individual Employment Contracts: A Better Means to an Equally Just End

Authors

William F. Kolakowski III, University of Michigan Law School

Abstract

This Note argues that courts should adopt a narrow reading of the employment contract exception to the FAA, thus making arbitration agreements in most individual employment contracts enforceable under the Act. Part I argues that a textual analysis of the FAA supports a narrow interpretation of the exception. Because some courts and commentators have argued that the text favors a broad interpretation, Part II examines the legislative history of the exception and demonstrates that no firm conclusions can be drawn about congressional intent regarding the exception's scope. Finally, Part III demonstrates that a narrow reading of the exception best serves the purposes behind the FAA by overriding judicial hostility toward arbitration, placing arbitration agreements on an equal footing with other contract provisions, and providing a more efficient method of adjudication in the workplace.

Recommended Citation

William F. Kolakowski III, The Federal Arbitration Act and Individual Employment Contracts: A Better Means to an Equally Just End, 93 Mich. L. Rev. 2171 (1995).
Available at: https://repository.law.umich.edu/mlr/vol93/iss7/4