Federal Arbitration Act (FAA): Primary federal legislation governing arbitration agreements that establishes enforceability of arbitration agreements and sets basic requirements for validity
State Arbitration Laws: State-specific arbitration regulations that may provide additional requirements or restrictions, though some provisions may be preempted by FAA
National Labor Relations Act (NLRA): Federal law impacting class action waivers and collective bargaining rights, particularly relevant after Epic Systems Corp. v. Lewis (2018) Supreme Court decision
Title VII of Civil Rights Act: Federal employment law that must be considered in arbitration agreements to ensure protection of civil rights and non-discrimination provisions
Americans with Disabilities Act (ADA): Federal law protecting rights of employees with disabilities that must be accounted for in arbitration provisions
Age Discrimination in Employment Act (ADEA): Federal law protecting against age discrimination that must be considered when drafting arbitration agreements
Fair Labor Standards Act (FLSA): Federal law governing wages and hours that must be considered in arbitration agreement coverage
State-Specific Employment Laws: Various state laws that may affect what can be arbitrated, require specific notices, or restrict certain types of claims from arbitration
Unconscionability Doctrine: Legal principle requiring arbitration agreements to be both procedurally and substantively conscionable and not overly one-sided
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021: Recent federal legislation prohibiting mandatory arbitration of sexual assault and sexual harassment claims
