interstate commerce

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By Lennon B. Haas, Kyle Petersen, and Kevin M. Young

Seyfarth Synopsis: Though it may sound esoteric, the question of whether “last mile” drivers fall within the Federal Arbitration Act’s transportation worker exemption bears tremendous consequence. If they are exempt, they can’t be compelled to arbitrate under the FAA. If they are not exempt, the answer reverses. In …
Continue Reading Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers

Court_of_Appeals_3rd_Circuit_SealCo-authored by Abad Lopez and Noah Finkel

The Third Circuit put a screeching halt to the contention that drivers must actually cross state lines to be exempt from overtime under the Motor Carrier Act (“MCA”). In Resch v. Krapf’s Coaches, Inc., the court ruled that drivers were exempt from overtime based on the mere possibility of driving across state…
Continue Reading Court Puts the Brakes on Overtime for Drivers—No Interstate Trips? No Problem!