On April 12, 2024, the Supreme Court vacated a Second Circuit decision that limited the scope of Section 1 of the Federal Arbitration Act, known as the “transportation worker exemption,” to workers in the transportation industry. A unanimous Court held, contrary to the Second Circuit, that a transportation worker need not work in the transportation industry to be exempt from coverage under §1 of the FAA. The decision was a setback for WLF, which filed an amicus brief with the Court arguing that efforts to expand the exemption beyond transportation-industry workers who carry goods or passengers across borders defy statutory text and context, produce inconsistent results, and serve no end set forth by Congress.
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