In a recent decision, the Supreme Court found legal disputes between interstate trucking companies and owner-operator independent contractors cannot be forced into arbitration under the Federal Arbitration Act ("FAA") even if the contractor agreement includes a mandatory arbitration clause. In an 8-0 decision (Justice Kavanaugh joined the Court after oral arguments in the case), the Court's opinion in New Prime v. Oliveira, No. 17-340 (January 15, 2019) held the FAA's §1 exception, which excludes "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce" applied to any and all "agreements to perform work." Thus, the Court concluded the §1 exception applies to exempt independent contractor ("IC") agreements from binding arbitration under the FAA.