The Federal Arbitration Act (FAA) presumptively requires courts to enforce arbitration agreements. However, Section 1 carves out “classes of workers engaged in foreign and interstate commerce.”

Peter B. "Bo" Rutledge, dean of the University of Georgia School of Law.Peter B. "Bo" Rutledge, dean of the University of Georgia School of Law. Peter B. “Bo” Rutledge, dean of the University of Georgia School of Law.

A recent decision by the United States Supreme Court (Southwest v. Saxon) glossed the meaning of this term. While Saxon arose in the context of the airline industry, the decision has important implications for the gig economy.