Lopez v. Cintas

Summary

The Fifth Circuit held that a local delivery driver who picks up items from a local warehouse and delivers them to local customers, after the goods have already crossed state lines, is not a "transportation worker" exempt from the Federal Arbitration Act under § 1. The court applied the "engaged in foreign or interstate commerce" standard from *Southwest Airlines v. Saxon* and concluded that such drivers lack a direct and necessary role in cross-border transportation. The court also ruled that an unconscionability challenge to the entire employment contract goes to validity, not formation, and thus must be decided by the arbitrator under the delegation clause.

Questions Presented

1. Whether Lopez falls within the transportation-worker exemption under § 1 of the Federal Arbitration Act as a local delivery driver.
2. Whether the unconscionability challenge to the arbitration agreement should be decided by the court or the arbitrator.