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1 1 (December 28, 2023)

handle is hein.crs/govenvi0001 and id is 1 raw text is: Con gressionaI R esearch Service Supreme Court to Consider Scope of Federal Arbitration Act's Exemption for Transportation Workers December 28, 2023 The Supreme Court recently granted certiorari in Bissonnette v. LePage Bakeries Park St., LLC, a case involving the Federal Arbitration Act's exemption for interstate transportation workers. Although the Federal Arbitration Act (FAA) generally requires federal and state courts to enforce written arbitration agreements according to their terms, the Act excludes from its coverage the contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce. The Supreme Court has previously held that this exemption covers only transportation workers who are actively engaged in interstate or foreign transportation. In Bissonnette, the Court is to consider a related issue that has divided lower courts of appeals-whether the exemption applies only to individuals working in a transportation industry, such as airline employees, or whether individuals performing transportation work in other industries may qualify for the exemption. Many manufacturers, retailers, and other companies whose primary business is not transportation use their own private fleets to ship goods. By some estimates, for instance, around two million truck drivers in the United States work in private truck fleets instead of for traditional trucking companies. The Court's decision in Bissonnette could determine whether arbitration agreements in these workers' employment contracts are enforceable under the FAA. Bissonnette thus implicates ongoing policy debates over the proliferation of arbitration agreements in employment contexts. Some commentators argue that arbitration can provide a faster resolution and a more cost-effective and accessible forum for employees than traditional court litigation. Others argue that such agreements may unfairly shield employers from liability, such as by precluding class litigation of claims that might be too small to justify the expense of an individual lawsuit. This Legal Sidebar provides background on the FAA and the Supreme Court's interpretation of the transportation worker exemption, examines Bissonnette, and discusses considerations for Congress. Congressional Research Service https://crsreports.congress.gov LSB11095 CRS Legal Sidebar Prepared for Members and Committees of Congress

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