Workers have spent years arguing the Federal Arbitration Act’s transportation worker exemption means their wage-based claims against companies such as Amazon.com Inc., Domino’s Pizza, and Uber Technologies Inc. belong in open court, not behind closed doors.
A federal appellate court added a new obstacle in 2022 when it ruled that when it comes to the exemption, which company someone works for matters as much as what type of work they perform.
The US Supreme Court will hear arguments Tuesday over whether that FAA exemption is indeed limited to those whose employers are actually in the transportation industry. And no matter how the court rules in the fight between Flowers Foods Inc. and drivers who distribute its baked goods, lengthy court battles over the issue are only likely to increase, lawyers on both sides say.
Requiring a transportation-industry employer “will lead to years of litigation focusing on the proper characterization of economic activity for a business, not on what workers do,” said Barry Winograd, who filed an amicus brief in support of the workers on behalf of the National Academy of Arbitrators.
Read the full story here.
In this episode of the Arbitration Conversation Amy interviews Nicolás Lozada Pimiento, a partner of the firm Rincón Cuéllar & Asociados and professor of arbitration, trade and business law at...
By Nicolas Pimiento, Amy SchmitzThis article first appeared on Urbas Arbitral, here. In Parc-IX Limited v. The Manufacturer’s Life Insurance Company, 2021 ONSC 1252, Mr. Justice Markus Koehnen distinguished between an objection to jurisdiction and...
By Daniel UrbasIn this episode of the Arbitration Conversation, Amy interviews Jo Delaney of Holman Fenwick Willan about how she got into arbitration and became a leader in this space, about her...
By Jo Delaney, Amy Schmitz
With the purchase of a Featured Membership, you will be shown on the front page of Arbitrate.com to web site visitors from your city and region (“state” if you are in the USA). You may appear in more than one city/region by purchasing additional locations.
