Justices Will Decide Two Issues Regarding FAA Exemption for Transportation Workers

In an FLSA collective action, the Court granted certiorari to decide (1) whether a dispute over applicability of the Federal Arbitration Act’s exemption for transportation workers is an arbitrability issue that must be resolved in arbitration pursuant to a valid delegation clause rather than by the court; and (2) whether the FAA’s exemption for transportation workers, which applies on its face only to “contracts of employment,” is applicable to independent contractor agreements.

 New Prime, Inc. v. Oliveira, — S. Ct. — (2/26/2018)