There are at least four cases now before the U.S. Supreme Court
that may be of significant interest to employers. Three were argued
in October 2018, and certiorari was granted in the last case on
Dec. 10.
The Three Cases Already Argued
The three cases argued all involve arbitration. The first,
New Prime Inc. v. Oliveira, No. 17-340,
was argued on Oct. 3, 2018. The issues presented were:
Whether a dispute over applicability
of the Federal Arbitration Act's (FAA's) Section 1
exemption is an arbitrability issue that must be resolved in
arbitration pursuant to a valid delegation clause; and (2) whether
the FAA's Section 1 exemption, which applies on its face only
to "contracts of employment," is inapplicable to
independent contractor agreements.
