Douglas Lopez was a local delivery driver for Cintas Corporation. That means he picked up items from a Houston warehouse (items shipped from out of state) and delivered them to local customers. When Lopez sued claiming a violation of the Americans with Disabilities Act, the employer moved to compel arbitration.

Lopez argued he was exempt from arbitration because he belongs to a "class of workers engaged in foreign or interstate commerce" under § 1 of the Federal Arbitration Act.

The 5th Circuit held in favor of the employer, so Lopez's claim will go to arbitration. Lopez v. Cintas Corp (5th Cir 08/30/2022) [PDF].

The court followed the analytical path set out in Southwest Airlines v. Saxon, 142 S. Ct. 1783 (2022).

First, the court defines the relevant “class of workers” that Lopez belongs to. Lopez belongs to a "class of workers" – "local delivery drivers" – that picks up items from a local warehouse and delivers those items to local customers, with an emphasis on sales and customer service.

Second, the court determines whether that class of workers is “engaged in foreign or interstate commerce.” The court pointed out that these drivers "take items from a local warehouse to local customers; these drivers enter the scene after the goods have already been delivered across state lines." "Once the goods arrived at the Houston warehouse and were unloaded, anyone interacting with those goods was no longer engaged in interstate commerce."