Employment disputes are common and can quickly result in litigation. Whether tried before a jury, before an arbitrator, or before an administrative agency, employment litigation is expensive, time-consuming, and risky, and can result in unwanted front-page news. Faced with these concerns, many companies have adopted arbitration policies. But this approach has not gone unchallenged. For example, courts in California courts have often found arbitration agreements to be procedurally or substantively “unconscionable,” or both, and hence unenforceable. And last year the California legislature passed a law that would have banned arbitration as a condition for employment. While that legislation has been enjoined (as to arbitration agreements governed by the Federal Arbitration Act), if history is any guide, there will more challenges to come.