The U.S. Supreme Court decided Bissonnette, et al. v. LePage Bakeries Park St., LLC, et al. on April 12, 2024. In a unanimous decision written by Chief Justice John Roberts, the Court held that a transportation worker need...more
4/17/2024
/ Arbitration ,
Arbitration Agreements ,
Bissonnette v LePage Bakeries Park St LLC ,
Cross-Border ,
Delivery Drivers ,
Employer Liability Issues ,
Exemptions ,
Federal Arbitration Act ,
Interstate Commerce ,
Misclassification ,
SCOTUS ,
Transportation Industry
The U.S. Supreme Court heard oral argument on Feb. 20, 2024, on whether food distributors are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), governing "contracts of employment of seamen,...more
2/21/2024
/ Arbitration ,
Contract Terms ,
Delivery Drivers ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Arbitration Act ,
Food Service Workers ,
Interstate Commerce ,
Mandatory Arbitration Clauses ,
Oral Argument ,
Retail Workers ,
SCOTUS ,
Southwest Airlines ,
Transportation Industry
One issue that continues to be debated in state and federal courts is whether delivery drivers who deliver takeout food and other prepackaged goods from restaurants, delicatessens and convenience stores fall into the class of...more
8/16/2022
/ Appeals ,
Arbitration ,
Delivery Drivers ,
Employment Litigation ,
Exemptions ,
Federal Arbitration Act ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Interstate Commerce ,
Transportation Industry
In a prior article following the U.S. Supreme Court's decision in New Prime Inc. v. Oliveira, we noted that there is likely to be future litigation concerning who qualifies as an "interstate" transportation worker for...more
4/1/2019
/ Appeals ,
Arbitration ,
Delivery Drivers ,
Dismissals ,
Employment Contract ,
Federal Arbitration Act ,
GrubHub ,
Independent Contractors ,
Interstate Commerce ,
Misclassification ,
Putative Class Actions ,
Transportation Industry
Independent contractor misclassification claims have been percolating through the courts for years. Some were swept away by a wave of federal preemption, which has subsided. Others found their way to the summary judgment...more