Amazon.com, Inc., et al. v. Bernadean Rittmann, et al.
Arbitration Antitrust
Whether the Federal Arbitration Act's exemption for classes of workers engaged in foreign or interstate commerce prevents the Act's application to local transportation workers who, as a class, are not engaged to transport goods or passengers across state or national boundaries
QUESTION PRESENTED Congress extended the Federal Arbitration Act’s strong support for arbitration to the full reach of its powers to regulate foreign and interstate commerce, with a limited exception for “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” 9 U.S.C. 1 (emphasis added). Recognizing that Congress included this exemption to preserve specialized arbitration regimes for seamen and railroad employees, the Court has held that the exemption requires “a narrow construction.” Circuit City Stores, Inc. v. Adams, 532 U.S. 105, 118 (2001). In a divided decision, the Ninth Circuit ruled that Amazon Flex drivers who use their personal vehicles to make local deliveries in a single state are exempt interstate workers because Amazon sells goods that travel in interstate commerce before Flex drivers pick them up for delivery. The question presented is whether the Federal Arbitration Act’s exemption for classes of workers engaged in foreign or interstate commerce prevents the Act’s application to local transportation workers who, as a class, are not engaged to transport goods or passengers across state or national boundaries.