Run-DMC, My Adidas and Me, and Fine Tuning the FAA’s Transportation Worker Exemption

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!