Trucker or baker?

Sep 28, 2022 at 09:27 AM CST
That distinction may seem like mere semantics, but it’s actually of enormous consequence for delivery workers with wage-and-hour claims. The Federal Arbitration Act has a carve-out for “workers engaged in foreign or interstate commerce,” so if the bakery delivery drivers – or, for that matter, delivery drivers for any sort of interstate product – are transportation workers, they can litigate their claims in a class action. But if they are deemed to be in the bakery business, they’re outside of the FAA’s exemption and can be compelled to arbitrate their claims.

Sep 28, 2022 at 09:27 AM CST

That distinction may seem like mere semantics, but it’s actually of enormous consequence for delivery workers with wage-and-hour claims. The Federal Arbitration Act has a carve-out for “workers engaged in foreign or interstate commerce,” so if the bakery delivery drivers – or, for that matter, delivery drivers for any sort of interstate product – are transportation workers, they can litigate their claims in a class action. But if they are deemed to be in the bakery business, they’re outside of the FAA’s exemption and can be compelled to arbitrate their claims.