Richard Reibstein, a Partner in Locke Lord’s Labor and Employment Practice in New York and co-head of the Firm’s Independent Contractor Misclassification and Compliance Practice, was quoted in a Law360 article on the impact, if Judge Amy Coney Barrett is confirmed, on issues of worker classification and arbitration. Reibstein noted that Judge Barrett's Carmen Wallace v. GrubHub Holdings Inc. opinion was consistent with a limited application of the FAA's Section 1, while her decision in Burlaka v. Contract Transport Services was based on precedent regarding the application of the Motor Carrier Act exemption from the FLSA.
Reibstein said that while she decided both in favor of the business defendants in both decisions, one should not jump to the conclusion that Judge Barrett favors businesses due to the nature of the issues and arguments advanced by the plaintiffs. "If anything, one can fairly conclude from these recent FLSA cases that Judge Barrett would not feel comfortable expanding the contours of the law," he said. "That is consistent with the notion of judicial restraint."
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