United States First Circuit

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Oliveira v. New Prime, Inc., 15-2364

In an employment class action alleging violations the Fair Labor Standards Act (FLSA), 29 U.S.C. section 201-219, as well as the Missouri minimum-wage statute, raising two questions of first impression, the district court's denial of defendant's motion to compel arbitration is affirmed where: 1) when a federal district court is confronted with a motion to compel arbitration under the Federal Arbitration Act (FAA), 9 U.S.C. sections 1-16, in a case where the parties have delegated questions of arbitrability to the arbitrator, the court mus first determine whether the FAA applies before compelling arbitration under the FAA; and 2) a provision of the FAA that exempts contracts of employment of transportation workers from the FAA's coverage, the section 1 exemption, applies to a transportation-worker agreement that establishes or purports to establish an independent-contractor relationship.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/12

Judges

  • THOMPSON

Court

  • United States First Circuit

Counsel


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