Recently, federal appellate courts have issued decisions clarifying the FAA’s transportation worker exemption.
In Ortiz v. Randstad Inhouse Services, LLC, No. 23-55147 (9th Cir. Mar. 12, 2024) (click here for a copy of the decision), the Ninth Circuit relied on the foundation of the Supreme Court’s Southwest decision and held that a warehouse worker who moved Adidas goods across the warehouse floor and onto storage racks was an exempt transportation worker.
In Tillman Transportation, LLC v. MI Business Inc., No. 23-1777 (6th Cir. Mar. 18, 2024) (click here for a copy of the decision), the Sixth Circuit adopted a narrow interpretation of the transportation worker exemption and held that the exemption covers natural persons, but not business entities such as a limited liability company providing trucks and transportation services as an independent contractor to other entities.
My students know I like to use songs in my classes related to topics we are studying, and the Adidas case reminds me of lyrics to a classic song from the pioneering group Run-DMC, “My Adidas.” These lyrics are suggestive of traveling/transportation and creating law:
My Adidas and me close as can be
We make a mean team, my Adidas and me. . . .
[We] lay down law from state to state,
We travel on gravel, dirt road or street,
I wear my Adidas when I rock the beat,
On stage, front page, every show I go,
It’s Adidas on my feet, high top or low!