The Massachusetts Supreme Judicial Court has found that Grubhub delivery drivers do not fall within a category of exempt workers under the Federal Arbitration Act.

The Grubhub drivers, who are pursuing a series of employment claims, had argued that they are exempt from arbitration as part of the residual category of transportation workers who deliver goods in the flow of interstate commerce. But Justice Dalila Argaez Wendlandt, who wrote the high court’s unanimous opinion, reviewed both the denial of the motion to compel arbitration and the denial of the motion to dismiss before determining that the clear language of the FAA showed the drivers did not fall into the exempted categories.

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