A Checklist of issues for employers to consider when drafting and implementing an arbitration agreement or program with their employees. This Checklist addresses federal law, including the Federal Arbitration Act (FAA), as amended by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), but highlights issues where state law may impose additional or different requirements. For state-specific employment arbitration resources, see State Employment Litigation and Arbitration Toolkit.