Engaged In Interstate Commerce, Domino's Drivers Delivering Pizza Ingredients Intrastate Are Exempt From Requirements of Federal Arbitration Act. 9 U.S.C § 1.
How Domino's Makes Its Pizza ↑
Downtown LA Pizza. Carol Highsmith, photographer. 2012. Library of Congress. ↑
Jon Stewart Deep Dish Pizza Rant. ↓
In an opinion penned by Judge Hurwitz, the 9th Circuit affirmed a district court decision denying Domino 's motion to compel arbitration in a labor law lawsuit brought by drivers who delivered pizza ingredients from a central distribution center to Domino's franchisees. Carmona v. Domino's Pizza, No. 21-55009 (9th Cir. 12/23/21) (Hurwitz, McLane, Parker).
The Federal Arbitration Act exempts transportation workers engaged in interstate commerce from the requirements of the FAA. The drivers working for Domino's work in-state, but when they deliver pizza ingredients to Domino's franchisees, they are acting as workers engaged in a “single, unbroken stream of interstate commerce” that renders interstate commerce a “central part” of their job description. Judge Hurwitz relied on a similar 9th Circuit case involving Amazon delivery drivers, Rittmann v. Amazon.com, Inc., 971 F.3d 904 (9th Cir. 2020). See our earlier 8/31/20 post on Rittmann.
Judge Hurwitz writes that there are distinctions between the Amazon and Domino's Pizza cases: "The customers to whom the Amazon drivers delivered the interstate goods in Rittmann initiated the purchases online with Amazon . . . while the Domino’s franchisees order the goods from the Supply Center in California only after Domino’s has already purchased them. But this is a distinction without a difference." In the end, the drivers are still participating in a single, unbroken stream of interstate commerce.
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