Transportation companies utilizing arbitration agreements should consider whether to implement and apply state law rather than the Federal Arbitration Act. Russell Cawyer's
blog post—entitled “U.S. Supreme Court Invalidates Arbitration Agreements of Interstate Truck Drivers
” and published on the Texas Employment Law Update—addresses New Prime v. Oliveira, in which the United States Supreme Court held that the Federal Arbitration Act’s (FAA) provision excluding “contracts of employment with seaman, railroad employees or any other class of workers engaged in foreign or interstate commerce” precluded enforcement of the arbitration agreement, thereby subjecting the carrier to the wage and hour collective action in court. A copy of New Prime v. Oliveira
is available here.