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Today marks the start of the United States Supreme Court\u2019s new term. During the term, the nation\u2019s highest court will resolve a circuit court split regarding whether Section 1 of the Federal Arbitration Act\u2019s exemption for \u201cany other class of workers engaged in foreign or interstate commerce,\u201d applies to transportation workers who perform work for companies that operate outside of the transportation industry.\u00a0\u00a0<\/span><\/p>\n In <\/span>Bissonnette v. LePage Bakeries Park St., LLC<\/span><\/a><\/em>, No. 23-51<\/a>, a group of delivery drivers filed a putative class action lawsuit against a bakery in a Connecticut federal court claiming the company violated wage and hour laws when it misclassified them as independent contractors.\u00a0 The district court held the bakery\u2019s delivery drivers did not qualify as \u201ctransportation workers\u201d subject to the FAA\u2019s exclusion and ordered the putative class to individual arbitration based on the parties\u2019 agreement to arbitrate.\u00a0 The Second Circuit Court of Appeals affirmed the lower court\u2019s decision after determining the drivers were not performing work for a company that was engaged in the transportation industry.\u00a0 After that, the drivers filed a petition for certiorari with the U.S. Supreme Court.<\/span><\/p>\n According to the drivers\u2019 petition, the question presented<\/a> in the case is:<\/span><\/p>\n To be exempt from the Federal Arbitration Act, must a class of workers that is actively engaged in interstate transportation also be employed by a company in the transportation industry?<\/span><\/p>\n<\/blockquote>\n Previously, the First and Seventh Circuits found that the FAA\u2019s exemption applied to any worker who is actively engaged in the interstate transportation of goods. Meanwhile, the Eleventh Circuit came to the same conclusion as the Second Circuit and held that a worker must be performing work for a company that is engaged in the transportation industry for the exemption to apply.\u00a0\u00a0<\/span><\/p>\n The Supreme Court of the United States granted<\/a> the drivers\u2019 petition for review on Friday.<\/span><\/p>\n Photo by:<\/strong> Adam Michael Szuscik<\/a> on Unsplash<\/a><\/p>\n\n
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