Law360: The High Stakes of Arbitration And Interstate Commerce

Daniela Porat at Law360 interviews Kakalec Law attorney Hugh Baran in reporting on the debate over who counts as a transportation worker “engaged in” interstate commerce and thus exempt from the Federal Arbitration Act.

The full story is available here ( and excerpted below:

Law360 (March 16, 2022, 7:17 PM EDT) — Whether certain workers are considered interstate transportation workers and therefore exempt from federal arbitration requirements is a hotly debated issue before the U.S. Supreme Court, raising questions about what defines cross-border labor in an economy marked by both globalization and gig work, attorneys say.


These issues are so contested because of the high stakes for workers, said Hugh Baran, an attorney for worker-side firm Kakalec Law PLLC.

“It’s the question of whether workers are going to have the fair opportunity to present their claims collectively before judges and juries,” he said, “or be forced into these private secret arbitrations.”


Baran said he sees progress in the bipartisan initiative behind the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which was signed into law by President Joe Biden on March 3.

“That new law doesn’t cover all causes of action, but it’s a huge step forward,” Baran said. “It shows the direction of the laws really moving away from this regime of forced arbitration that we unfortunately still are currently living with.”

If you have an employment claim and believe your employer may have imposed a forced arbitration requirement on you, or otherwise want to learn more about your legal rights, contact or call us at 212-705-8730.