February 16, 2024
A case set for oral arguments Tuesday before the U.S. Supreme Court could help transportation workers show they're exempt from federal arbitration law. Here, Law360 breaks down the dispute ahead of the hearing.
January 01, 2024
In 2024, courts around the country will tackle independent contractor classification, minimum wage and overtime cases that employment lawyers should pay attention to. From a lawsuit seeking to overturn Uber and Lyft's carveout from California employment laws to the U.S. Department of Labor's power to issue rules and how state-level pay transparency laws are getting put to use, here are seven to watch.
December 21, 2023
The U.S. Supreme Court should rule that product distributors working for Flowers Foods can't escape arbitration because a Federal Arbitration Act carveout applies strictly to those who work in transportation, the U.S. Chamber of Commerce and other groups told the justices.
December 19, 2023
A conservative law organization told the U.S. Supreme Court that an examination of history indicates that Section 1 of the Federal Arbitration Act applies only to transportation industry workers who are bound to arbitrate private disputes under other federal statutes.
December 14, 2023
The U.S. Supreme Court should agree with the Second Circuit that the Federal Arbitration Act shields workers from arbitration based on the industry they work in, Flowers Foods told the justices, arguing that a contrary ruling would upset Congress' intent.
November 21, 2023
A group of 16 attorneys general told the U.S. Supreme Court that requiring courts to determine whether workers are exempt from the Federal Arbitration Act based on the industry they are in goes against Congress' intent.
November 20, 2023
The U.S. Supreme Court should reject a Second Circuit requirement that workers can't dodge federal arbitration requirements because of the industry they work in, a nonprofit organization said Monday, arguing that exemption analysis should be based on their duties.
November 16, 2023
Determining whether a Federal Arbitration Act exemption covers workers should be based on what they do, not the industry they are in or the contracts they sign, two worker-side groups told the U.S. Supreme Court.
November 14, 2023
Two Flowers Foods distributors told the U.S. Supreme Court they should be exempt from federal arbitration law because they are engaged in interstate commerce, urging the high court to resolve a circuit split over whether the exemption applies only to transportation workers.
October 31, 2023
As the U.S. Supreme Court weighs whether an arbitration exemption under federal law depends on if an employer is in the transportation industry, an attorney at the vanguard of the issue said arbitration hurdles are delaying workers from pursuing wage claims. Law360 spoke with Jennifer Bennett of Gupta Wessler about the issue.