Employers have long favored arbitration as a means of efficiently resolving disputes with employees. Business-minded employers are often drawn to the benefits afforded by private arbitration in comparison to the judicial process. These benefits include "the reduced cost, increased speed, private nature, and elimination of juries." David Sherwyn et al., "In Defense of Mandatory Arbitration of Employment Disputes: Saving the Baby, Tossing out the Bath Water, and Constructing a New Sink in the Process," 2 U. Pa. J. Lab. & Emp. L. 73, 100 (1999). The arbitral forum for employers is under threat, however, as both courts and legislatures continue to chip away at employers' ability to enforce arbitration agreements. Recent judicial decisions and legislation exemplify this growing trend and serve as a warning signal for employers seeking to adjudicate employment claims out of court.