Tag Archives: “transportation industry”

Can Delivery Drivers Be Compelled to Arbitrate After New Prime? New Jersey Appellate Courts Seem to Take Conflicting Positions

By John Lewis on June 10, 2019 Posted in Arbitration

After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1. See our January 17, 2019, March 12, 2019 and April 29, 2019 blog posts on the issues raised … Continue Reading

Recent Decisions Don’t Provide Useful Guidance on Tests for the FAA Exemption of Transportation Workers

By John Lewis on April 29, 2019 Posted in Arbitration, Arbitration Agreements

Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it. See our Jan. 17, 2019, blog post on the exemption. Indeed, if anything, recent decisions have raised more questions than answers. Part of the problem … Continue Reading

New Prime Decision Adds Uncertainty to Arbitration in the Transportation Industry

By John Lewis on January 17, 2019 Posted in Arbitration, Independent Contractors

The U.S. Supreme Court’s decision in New Prime v. Oliveira, No. 17-340 (Jan. 15, 2019), has added uncertainty to arbitration agreements in the transportation industry by holding that the Federal Arbitration Act (FAA) § 1 exception covers both employees and independent contractors of a trucking company. In a unanimous opinion written by Justice Neil Gorsuch, … Continue Reading

California Court Finds Meal and Rest Break Requirements Preempted

By Sabrina Shadi on October 31, 2011 Posted in FLSA, Meal and Rest Periods, Overtime Claims, Wage and Hour

Court Washes Out Meal and Rest Break Claims for Class of Whirlpool Drivers and Installers Tired of the stains those pesky meal and rest break requirements leave on your California operations? If your business is a motor carrier covered by the Federal Aviation Administration Authorization Act of 1994 (“FAAA Act”), some power to help clean … Continue Reading