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Oliveira v. New Prime, Inc., No. 15-2364

Articles Discussing Case:

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

Ogletree Deakins • June 07, 2017
The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories located within the First Circuit (Massachusetts, New Hampshire, Maine, Rhode Island, and Puerto Rico). Specifically, on May 12, 2017, the court ruled in Oliveira v. New Prime, Inc., No. 15-2364 that (1) when a federal district court is ruling on a motion to compel arbitration under the Federal Arbitration Act (FAA), the court—and not the arbitrator—must first determine if the FAA applies, and (2) the FAA Section 1 transportation worker exception applies to independent contractor arrangements. The First Circuit’s ruling in Oliveira has deepened the circuit split on the issue of whether the determination of FAA coverage is an arbitrable issue and has made it that much harder for transportation companies to utilize arbitration agreements with independent contractors in the First Circuit.