Jaswinder Singh v. Uber Technologies, Inc.
Arbitration WageAndHour Privacy JusticiabilityDoctri ClassAction
Does the FAA's residual clause exempt a class of transportation workers that directly transports passengers across state lines, but primarily performs intra-state transportation?
QUESTION PRESENTED The Federal Arbitration Act exempts the “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” 9 U.S.C. § 1. The Seventh Circuit has held that this exemption applies to any member of a class of workers that is engaged in the transportation of goods or passengers across state lines. The Ninth, First, and Third Circuits have added additional requirements: The class of workers must be primarily engaged in interstate work rather than in intra-state work and the transportation performed must primarily be long-distance rather than short or local. The question presented is: Does the residual clause in Section 1 of the FAA exempt a class of transportation workers that directly transports passengers across state lines, but primarily performs intra-state transportation?