FAA Transportation Workers Arbitration Exception After Bissonnette: Who is Engaged in Foreign or Interstate Commerce?
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the transportation worker exception to the Federal Arbitration Act (FAA), specifically how lower courts are applying Bissonnette v. LePage Bakeries Park St. L.L.C., 601 U.S. ___ (2024), and the circuit split over "last mile" transportation workers. The panel will also address how to structure arbitration agreements that may apply to transportation workers who are not covered under the purview of the FAA.
Outline
- Overview of transportation worker exemption
- Analysis Bissonnette v. LaPage Bakeries
- Lower court analysis of "engaged in foreign or interstate commerce"
- Last mile drivers and current circuit split
- Recent cases
- Strategies for employers
Benefits
The panel will review these and other key issues:
- What is a direct and necessary role in the free flow of goods across borders?
- Can arbitration agreements be enforced against exempt workers under state law?
- Are class action waivers valid for exempt employees even if arbitration agreements are not?
Faculty
Braden K. Core
Partner
Scopelitis, Garvin, Light, Hanson & Feary
Mr. Core represents motor carriers, forwarders, and logistics companies in regulatory compliance, contract reviews, and... | Read More
Mr. Core represents motor carriers, forwarders, and logistics companies in regulatory compliance, contract reviews, and owner-operator arrangements. He also defends businesses in a large variety of enforcement cases, including TSA air-cargo and cargo-screening investigations and FAA dangerous-goods investigations. Mr. Core also regularly counsels and speaks on owner-operator arrangements, challenges to independent-contractor classification, and compliance with the Federal Leasing Regulations. He is an experienced litigator who has tried several commercial cases, including multiple jury trials, and participated in the defense of class actions against motor carriers involving allegations of Federal Leasing Regulations violations and challenges to independent-contractor status.
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Laura E. Devane
Shareholder
Littler Mendelson
Ms. Devane advises and represents employers in a broad range of employment matters. She devotes a substantial amount of... | Read More
Ms. Devane advises and represents employers in a broad range of employment matters. She devotes a substantial amount of her practice to drafting arbitration agreements and works closely with clients to rollout employee agreements and policies. Ms. Devane regularly appears in California federal and state courts, as well as before the Equal Employment Opportunity Commission, the Department of Fair Employment and Housing, the Division of Labor Standards Enforcement, and the Workers' Compensation Appeals Board. She has provided pro bono representation and assistance in death penalty cases and served as a housing court volunteer to low-income individuals.
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Prasad Sharma
Partner
Scopelitis, Garvin, Light, Hanson & Feary
Mr. Sharma’s practice focuses on state and federal legislative and regulatory advocacy work and an array of... | Read More
Mr. Sharma’s practice focuses on state and federal legislative and regulatory advocacy work and an array of regulatory compliance issues. From the Firm’s D.C. office, he leads legislative support initiatives and provides a legal liaison function to Firm clients seeking transportation and logistics industry national and state association outreach. Mr. Sharma spearheads outreach efforts within the Firm’s network of industry leaders to align efforts to achieve legislative outcomes that protect the future of the transportation industry. He also counsels transportation clients on the complexities of arbitration in light of the Federal Arbitration Act’s transportation worker exemption and the challenges of complying with clean air and sustainability mandates. Mr. Sharma frequently presents on independent contractor issues, motor carrier regulations, and legislative and regulatory developments to businesses and organizations across the country. He is active in a number of national transportation trade associations and has served as outside counsel to the National Home Delivery Association, the National Tank Truck Carriers, and the Truck Rental and Leasing Association.
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