Referencing a related decision handed down by the Ninth Circuit in Adan Ortiz v. Randstad InHouse Services LLC et al., Ward said, “The Ortiz panel really emphasizes the importance of the workers directly moving the goods themselves and demonstrates why the Ninth Circuit should overturn the district court.”
Ward, who is representing companies involved in the case, said that while fuel pumpers are “certainly involved in the flow of the goods, they have no work with respect to the goods themselves,” and therefore the fuel pumper’s suit should go to arbitration.
