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Employment Disputes
SCOTUS to Resolve Circuit Split Over Transportation Worker Exemption in the FAA
By Beth Graham - October 2, 2023
Today marks the start of the United States Supreme Court’s new term. During the term, the nation’s highest court will resolve a circuit court split regarding whether Section 1 of the Federal Arbitration Act’s exemption for “any other class of workers engaged in foreign or interstate commerce,” applies to transportation workers who perform work for companies that operate outside of the transportation industry.
Former Twitter Employee Files Motion to Compel Arbitration After Company Refuses to Foot JAMS Bill
By Beth Graham - July 17, 2023
A former Twitter employee has filed a motion to compel arbitration on behalf of himself and other former employees of the company after Twitter reversed course and refused to proceed with arbitration over the associated fees.
SCOTUS to Consider FAA Subject-Matter Jurisdiction Case
By Beth Graham - May 20, 2021
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a federal court has subject-matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (“FAA”) in situations where the court only has jurisdiction because the underlying dispute involves a federal question.
SCOTUS Rejects Amazon’s Petition in “Last Mile” Delivery Driver Arbitration Dispute
By Beth Graham - February 23, 2021
The Supreme Court of the United States has declined to consider whether “final mile” delivery drivers are transportation workers engaged in interstate commerce and exempt from the Federal Arbitration Act (“FAA”).
First Circuit Holds Intrastate Final Mile Transportation Workers Are Exempt from the FAA
By Beth Graham - July 23, 2020
The United States Court of Appeals for the First Circuit has ruled final mile drivers who operate solely intrastate in order to deliver goods that were shipped via interstate commerce are exempt from the Federal Arbitration Act.
Fifth Circuit Affirms W.D. of Texas Order Confirming Arbitrator’s Modified Decision
By Beth Graham - April 8, 2020
The United States Court of Appeals for the Fifth Circuit has affirmed a federal district court’s order confirming an arbitrator’s modified decision in a dispute between Southwestern Bell Telephone Company and the union representing the company’s workers.
Seventh Circuit Establishes Class Notice Standard in Facebook Arbitration Dispute
By Beth Graham - February 19, 2020
The United States Court of Appeals for the Seventh Circuit has established a class notice standard related to workers who sign arbitration agreements in a wage and hour dispute filed against social media giant Facebook.
California Federal Judge Issues Preliminary Injunction Against Enforcement of AB 51
By Beth Graham - February 11, 2020
A California federal judge has issued a preliminary injunction against a new state law that would prohibit employers from requiring workers to sign a mandatory arbitration provision as a condition of employment.
California Bans Mandatory Arbitration Agreements as a Condition of Employment
By Beth Graham - November 11, 2019
California Governor Gavin Newsom has signed a law that prohibits employers in the state from requiring workers to sign a mandatory arbitration provision as a condition of employment.
W. D. Texas, San Antonio Division Orders ERISA Lawsuit to Individual Arbitration
By Beth Graham - November 4, 2019
The Western District of Texas, San Antonio Division has ordered a proposed class-action Employee Retirement Income Security Act lawsuit to individual arbitration.
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