Arbitration – FAA; Transportation Worker; Waiver 

Posted: 1:00 am Mon, July 13, 2009
By Minnesota Lawyer
Tags: Arbitration

Where an employee of Yellow Transportation who worked as a call center employee sued the company for retaliation, gender discrimination and violation of the Family Medical Leave Act after he was terminated, the District Court erred in denying the company’s motion to compel arbitration because the employee was not a transportation worker exempted from the Federal Arbitration Act, the dispute was subject to a valid arbitration agreement and the company did not waive its right to arbitrate by failing to move for arbitration during EEOC proceedings before the suit was filed. Reversed and remanded.