The Federal Arbitration Act (FAA) generally requires courts to enforce arbitration agreements. However, the FAA carves out contracts involving “class[es] of workers engaged in interstate commerce.” The meaning of the phrase “engaged in interstate commerce” has been the subject of a significant amount of litigation.

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. (Courtesy photo)

Recently, the U.S. Court of Appeals for the First Circuit’s decision in Immediato v. Postmates attempted to gloss its meaning. The decision could have far-reaching implications for all gig economy workers. It also sheds light on the direction that this line of jurisprudence may take after the U.S. Supreme Court’s path-breaking decision in Southwest v. Saxon.

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