A recent U.S. Supreme Court decision helps define the legal status of transportation workers at companies that are not primarily involved in transportation. The post Supreme Court: Drivers hauling baked goods are in transportation, not baking appeared first on FreightWaves.

But the Supreme Court’s April 12 ruling that they are in the transportation business opens the door for them to take the dispute to court.

That’s because the FAA — in its very first section — exempts from its mandate several types of workers, such as railroad employees and “any other class of workers engaged in foreign or interstate commerce.”

  • @Late2ThePartyOPEnglish
    10•1 month ago

    I wasn’t 100% certain this was the correct group to post in. Or, if like, A Boring Dystopia was better? Also, is it poor form to post both here and the lemmy.ml instance? I often wonder if my Internet etiquette could use some polish.

    • Admiral PatrickEnglish
      11•1 month ago

      Definitely fits here, IMO. Classifying truck drivers based on the cargo they’re hauling is kind of crazy (unless the company has its own freight division).

      Also, is it poor form to post both here and …

      If it fits both, then post to both. Most UIs will roll up crossposts now, and usually only one is shown directly in the feed. That said, at least in my opinion, posting to two communities back to back is plenty. Any more, and it starts to feel a bit spammy (regardless of whether they’re rolled up into the crossposts). I’m sure you’ll get different answers based on who you ask, but that’s my take on it.

    • @[email protected]English
      6•1 month ago

      Maybe people don’t know the context here.

      That distinction may seem like mere semantics, but it’s actually of enormous consequence for delivery workers with wage-and-hour claims. The Federal Arbitration Act has a carve-out for “workers engaged in foreign or interstate commerce,” so if the bakery delivery drivers – or, for that matter, delivery drivers for any sort of interstate product – are transportation workers, they can litigate their claims in a class action. But if they are deemed to be in the bakery business, they’re outside of the FAA’s exemption and can be compelled to arbitrate their claims.

      https://www.reuters.com/legal/litigation/trucker-or-baker-appeals-court-splits-over-supreme-court-arbitration-precedent-2022-09-27/

      Edit: I didn’t notice this was “not the onion” so I can see why people may be downvoting. It definitely does seem like an Oniony headline to me as it’s obvious delivery drivers aren’t “baking.”