Whether Party Is Subject To A Statutory Exemption From Arbitration Is For The Court To Decide.

Section 1 of the Federal Arbitration Act exempts employment contracts of a class of workers engaged in interstate commerce. The determination whether this exemption applies must be made by the court, not by the arbitrator. Van Dusen v. U.S. District Court (9th Cir.; July 27, 2011) 654 F.3d 838, [17 Wage & Hour Cas. 2d (BNA) 1707; 2011 DJDAR 11283].