percent as of 2017 from two percent in 1992 according to legal scholars catherine stone and alexander colton. the employee when wind rates is 21 percent which is 59 percent as often as the federal courts and 38 percent as often in state courts. corporations enjoy what scholars call repeat player advantage. the more awesome a firm appears the last likely its employers are to prevail. arbitration frequently bars employers from joining forces to vindicate rights they would enjoy under statutory law, even when going in alone would be unjust not to mention irrational. in one case alone level employee of accounting giant ro burns and young would have had to shell out $200,000 figure not disputed by ernst and young and expenses to recover roughly thousand dollars from wage underpayment under the fair labor standards act . the justice writing for a narrow high court majority upheld that outcome on the ground the employee and contracted to arbitrate his disputes . in fact ernst and young presented arbitration in an email long after its employee had been hired to enhance consent of the condition of an