Florida court orders arbitration in Weiser Security discrimination dispute

The employee pushed back with a narrow but well-known argument. The FAA carves out one group of workers under section 1 of the statute: transportation workers “engaged in foreign or interstate commerce.” Those workers cannot be forced into arbitration. He argued that his job at the port put him in that group, and he filed a declaration describing what he did.

The trial court read the declaration and disagreed. It concluded that the declaration “did not show that his work as a port security officer established a sufficiently direct, necessary, and active role in transporting goods in interstate commerce.” He appealed. The appellate panel affirmed.

In doing so, the court leaned on recent US Supreme Court decisions that now govern this question. The starting point is who has to prove what: the burden sits on the employee, as the party resisting arbitration. From there, the Supreme Court has held that an exempt worker “must at least play a direct and ‘necessary role in the free flow of goods’ across borders” – a worker needs “a ‘direct,’ ‘necessary,’ and ‘activ[e]’ role in moving goods across borders.” That was a standard the court found the employee had not met on the record he submitted.

The lesson for HR is less about security guards and more about drafting and expectations. Arbitration clauses remain a durable way to keep employment disputes, discrimination claims included, out of public litigation. But the transportation-worker exemption keeps surfacing, especially for roles tied to ports, warehouses, delivery and logistics. Titles do not decide it. What the person actually does, and whether the employee can prove it, is what courts weigh.

One caution worth repeating: this ruling settled only the forum. The court did not decide whether the discrimination claim has merit. That question now heads to arbitration. And because the order was nonfinal, the decision is not final until the court disposes of any timely rehearing motion.