'Contracts of Employment' Next Arbitration Exemption Battle

Regulatory attorney Christopher Riano was cited in a Law360 article on the emerging legal debate over whether certain workers have "contracts of employment" for purposes of the Federal Arbitration Act's Section 1 exemption. The article examined how employers facing wage claims are increasingly advancing this argument as courts continue to define the scope of the exemption, particularly in cases involving independent contractors and delivery drivers. Drawing from his experience arguing before the high court itself, Mr. Riano explained that as appellate and U.S. Supreme Court litigation evolves, parties often refine their arguments to reflect how judges interpret both the question presented and the underlying statutory text.

"One of the things that you try to do when you practice in the court of appeals or at the Supreme Court is, somewhat, find ways in order to get them to engage with the question that you're looking to present," he said. "Then [you] start to see, if that's not necessarily going to be entertained the way that you're thinking of it, if there's other statutory language that may support additional interpretations."

READ: 'Contracts of Employment' Next Arbitration Exemption Battle (Subscription required)