Ninth Circuit Again Rules Last-Leg Delivery Drivers Covered By FAA Interstate Commerce Exemption

On July 21, 2023, the U.S. Court of Appeals for the Ninth Circuit kept in place a ruling that local delivery drivers who made deliveries completely inside California are still engaged in interstate commerce and exempt from the Federal Arbitration Act (FAA).

Quick Hits

• The Ninth Circuit kept in place an earlier ruling that last-leg delivery drivers who transported interstate goods are engaged in interstate commerce and exempt from the Federal Arbitration Act.
• The Ninth Circuit found the drivers are still engaged in interstate commerce even though they made deliveries within California only.
• The Ninth Circuit rejected the argument the Supreme Court's June 2022 ruling involving airline cargo workers required a different result.