Danny Lopez v. Aircraft Service International, Inc.

I. BACKGROUND

Lopez filed a complaint in California Superior Court “on behalf of himself and all other aggrieved employees” of Menzies. Lopez alleged that Menzies failed to provide the meal periods, rest periods, overtime wages, minimum wages, copies of records, wages earned during employment, and itemized wage statements required by California law. Menzies removed the action to federal court, and filed a motion to compel arbitration. Menzies maintained that arbitration of Lopez’s claims was mandated by the arbitration agreement signed “[i]n connection with his employment.” Lopez opposed the motion to compel arbitration. In addition to challenging the enforceability of the arbitration agreement, Lopez asserted that he belonged to a class of transportation workers engaged in foreign or interstate commerce that are exempt from the provisions of the FAA requiring arbitration. In a declaration, Lopez explained that he was employed by Menzies as a field technician “in the fueling department at Los Angeles International Airport,” and that he “physically added fuel to both passenger and cargo airplanes involved in both foreign and domestic interstate travel.” The district court denied…