Rodriguez v. Inter-Con Security Systems, Inc., 1:23-cv-08355

Pedro Rodriguez, a former security agent at JFK Airport, filed a putative class action against his employer, Inter-Con Security Systems, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law.
Rodriguez signed an arbitration agreement with Inter-Con, and Inter-Con moved to stay the proceedings and compel arbitration under the Federal Arbitration Act (FAA).
Rodriguez contests arbitration by invoking the FAA's Section 1 exemption for certain transportation workers.
The Court previously allowed Rodriguez to amend his complaint to add facts relevant to his status as a transportation worker.
The applicability of the Section 1 exemption was not clear on the face of the complaint, prompting consideration of limited discovery to resolve the issue.
The Court set deadlines for the parties to submit further evidence and argument on whether Rodriguez qualifies as a transportation worker under Section 1.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Applicability of FAA Section 1 exemption	Rodriguez claims he is a transportation worker exempt from FAA based on his duties at JFK.	Inter-Con contends Rodriguez was not engaged in transporting goods, thus not a transportation worker.	Issue not resolved; Court directs additional discovery and briefing.
Compelling arbitration	Rodriguez argues arbitration cannot be compelled if FAA exemption applies.	Inter-Con seeks to compel arbitration pursuant to the FAA.	No ruling yet; decision deferred pending further submissions.
Sufficiency of pleadings on transportation worker status	Rodriguez amended his complaint with new facts about his job role.	Inter-Con disputes these facts establish transportation worker status.	Additional factual material required; summary judgment-type submissions ordered.
Requirement of direct transport of goods	Rodriguez analogizes to cases where support roles were exempt.	Inter-Con argues hands-on transportation is necessary for exemption.	Court notes no binding authority supporting Inter-Con's position; points to contrary out-of-circuit cases.

Southwest Airlines Co. v. Saxon, 596 U.S. 450 (U.S. 2022) (Supreme Court clarified that Section 1's residual clause is limited to transportation workers)