News & Analysis as of

Transportation Industry Independent Contractors Federal Arbitration Act

Morgan Lewis

US Supreme Court Clarifies Application of Federal Arbitration Act’s ‘Transportation Worker’ Exemption

Morgan Lewis on

In Bissonnette v. LePage Bakeries, a unanimous Supreme Court clarified the scope of the Federal Arbitration Act’s (FAA’s) “transportation worker” exemption by rejecting the industry-based test applied in the Second Circuit....more

Carlton Fields

First Circuit Provides Additional Guidance on FAA’s Transportation Worker Exception

Carlton Fields on

The First Circuit Court of Appeals has followed up on its recent jurisprudence outlining the standards for the Federal Arbitration Act’s “transportation worker exception,” as we previously posted, by applying its recently...more

BakerHostetler

Second Circuit Again Considers if Bakery Goods Drivers Are Excluded Under the FAA Because They Are “Transportation Workers”. The...

BakerHostetler on

While the Supreme Court’s opinion in Southwest Airlines Co. v. Saxon, 142 S. Ct. 1783 (2022), brought needed clarity to the analysis of the class of workers excluded as “transportation workers” by the residual clause of the...more

Holland & Knight LLP

Massachusetts Food Delivery Drivers Not Exempt From Arbitration

Holland & Knight LLP on

One issue that continues to be debated in state and federal courts is whether delivery drivers who deliver takeout food and other prepackaged goods from restaurants, delicatessens and convenience stores fall into the class of...more

Jackson Lewis P.C.

New Jersey High Court Enforces Arbitration Agreement With Independent Contractors Under State Law

Jackson Lewis P.C. on

Companies in the transportation industry in New Jersey can enforce arbitration agreements with employees and independent contractors under the New Jersey Arbitration Act (NJAA), the New Jersey Supreme Court has held. Arafa v....more

Jackson Lewis P.C.

Navigating the Federal Arbitration Act’s Transportation Worker Exception After New Prime

Jackson Lewis P.C. on

As enforcing arbitration agreements with transportation workers under the Federal Arbitration Act (FAA) has become more difficult, employers should consider arbitration agreements with a potential alternative enforcement...more

Fisher Phillips

Court Uses 8-Factor Test To Hand Gig Businesses Victory In Next Round In New Prime Arbitration Battle

Fisher Phillips on

A Massachusetts federal court just ruled that gig workers cannot escape arbitration provisions by claiming they are exempt transportation workers. The September 30 decision in Austin v. DoorDash marks the second win for gig...more

Benesch

InterConnect FLASH! No 74 - Transportation Worker Arbitration: It May Not Be Bullet-Proof, But It’s Like Chicken Soup (can’t hurt;...

Benesch on

Since then, many in the trucking industry have been considering and evaluating alternative ways to maintain a mechanism of dispute resolution through arbitration on an individual basis so as to avoid class actions, collective...more

Seyfarth Shaw LLP

Full Steam Ahead on Arbitration Says NJ Appellate Court

Seyfarth Shaw LLP on

Seyfarth Synopsis: Earlier this year, in New Prime, the Supreme Court decisively held that the Federal Arbitration Act’s § 1 exemption for transportation workers engaged in foreign or interstate commerce applied to...more

Fisher Phillips

Round One of Critical New Prime Battle Goes To Gig Businesses

Fisher Phillips on

Great news for gig economy businesses from an Illinois federal court: a judge recently ruled that Grubhub’s delivery drivers were not operating in “interstate commerce,” and therefore were not excluded from the company’s...more

Holland & Knight LLP

Federal Court Dismisses Independent Contractor Misclassification Suit in Favor of Arbitration - Ruling Involves Case Where...

Holland & Knight LLP on

In a prior article following the U.S. Supreme Court's decision in New Prime Inc. v. Oliveira, we noted that there is likely to be future litigation concerning who qualifies as an "interstate" transportation worker for...more

Fox Rothschild LLP

Arbitration Out Of Reach In Transportation Workers’ “Employment Contracts” Disputes

Fox Rothschild LLP on

There’s a war raging over the legal status of independent contractors in the transportation industry. A major battle for independent contractors was lost. But clear reasons from the same battle show the war is far from over...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Buckingham, Doolittle & Burroughs, LLC

Federal Arbitration as an Alternative to Litigation Does Not Apply to Transportation Workers

Last week, employees received a rare victory that punches a sizable hole in previous laws that supported allowing arbitration in place of litigation. Recently, a unanimous Supreme Court determined that the regulation does not...more

Amundsen Davis LLC

Are Independent Contractor Transportation Workers Exempt From The Federal Arbitration Act?

Amundsen Davis LLC on

The Supreme Court recently heard arguments on an issue which will have lasting implications on the arbitrability of claims between employers and certain independent contractors. Where the Court lands will have significant...more

Jackson Lewis P.C.

Supreme Court Hears Case On Enforceability Of Arbitration Agreements For Transportation Workers

Jackson Lewis P.C. on

On October 3, 2018, the U.S. Supreme Court heard oral argument in New Prime Inc. v. Oliveira, No. 17-340. While the case turns on what may appear to be a simple question of statutory interpretation, the outcome could have...more

Holland & Knight LLP

Supreme Court Hears Argument on Applicability of Federal Arbitration Act to Transportation Independent Contractor Agreements

Holland & Knight LLP on

On Oct. 3, 2018, the U.S. Supreme Court heard oral argument in the case of New Prime Inc. v. Oliveira, No. 17-340. This case addresses (1) whether an arbitrator or the court should resolve a dispute over the applicability of...more

Bradley Arant Boult Cummings LLP

Drivers on the Go Say No to Arbitration in Wage Lawsuit - Labor & Employment Newsletter

Arbitration provisions in employment contracts are not unusual. So when GrubHub, a fast-food delivery service, was sued by drivers for violating wage laws it filed a motion to enforce the arbitration clause in its service...more

Holland & Knight LLP

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Holland & Knight LLP on

On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more

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