Ninth Circuit: WAREHOUSE Worker ExempT FROM ARBITRATION BECAUSE Engaged in Interstate Commerce

The Ninth Circuit held yesterday that a warehouse worker in an Adidas distribution warehouse in California was not subject to arbitration because he was engaged in foreign or interstate commerce.  Key facts included that the employee transported packages to and from storage racks, helped prepare packages for shipment, and played a necessary role in facilitating the continued movement of goods that were still moving in interstate commerce when the employee interacted with them.  The case is an important reminder to employment lawyers to consider whether an employee who has signed an arbitration agreement falls within this exception to the Federal Arbitration Act.  The case, Ortiz v. Randstad Inhouse Services, LLC, No. 23-55147 (9th Cir. Mar. 12, 2024) is available here.