Domino’s Delivery Drivers Challenge Arbitration Clauses after Southwest Airlines Ruling

Over the past four decades, the Supreme Court has issued a long string of decisions interpreting the Federal Arbitration Act to provide extensive protection for arbitration agreements. This term, however, was more of a mixed bag. Although the court issued a number of opinions that were pro-arbitration, it also wrote two that cut against the common business practice. In Southwest Airlines v. Saxon, the court ruled that the airline could not force the supervisor of a ramp for loading cargo onto its airplanes into arbitration under the FAA because the act exempts any “class of workers engaged in foreign or interstate commerce…

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