Arbitration -- 2020



Waithaka v. Amazon.com, Inc.; Amazon Logistics, Inc.   (1st Circuit)

Whether local Amazon delivery drivers are exempt from the FAA

The NAM filed an amicus brief in the U.S. Court of Appeals for the First Circuit seeking to reverse the district court's refusal to compel arbitration based on an erroneous finding that the plaintiff, an intrastate delivery driver for Amazon, falls within the Federal Arbitration Act’s (FAA) transportation worker exemption. Like Amazon, manufacturers regularly rely on arbitration agreements in their contractual relationships. The district court’s decision threatens substantial litigation costs resulting both from future disputes over the FAA’s application and from similar rulings that deprive businesses and workers of the benefits of the national policy favoring arbitration. The NAM's amicus brief, filed November 20, 2019, highlights these concerns and explains why the district court's approach contradicts both the text and historical context of the FAA. Unfortunately, on July 17, 2020, the court held that the driver could invoke the exemption, and therefore could not be compelled to arbitrate.


Related Documents:
NAM brief  (November 20, 2019)