The Federal Arbitration Act and Independent Contractors
On October 3, 2018, the Supreme Court will hear oral arguments in a case deciding whether Independent Contractors in the Transportation Sector are exempt from Arbitration Clauses under Section 1 of the Federal Arbitration Act (FAA), a critical question for these workers and the entire economy. Professor Frankel argues that the legislative history of the FAA, and the social policy underlying the Act, strongly suggest that they should be.