Skip to content
National Association of Attorneys General
  • For Members
    • How Do I…?
    • Member Benefits
    • Scholarships & Nominations
    • Specialized Services
    • Committees
    • Office Support
    • Member Directory
    • Account & Access
  • Events & Training
    • Event Calendar
    • Upcoming Programs
    • Training Opportunities
    • On-Demand Resources
    • CLE Credit
    • Mobile Training Requests
    • Our Faculty
  • Resources
    • Policy Letters
    • Reports & Publications
    • Research & Data
    • Attorney General Journal
    • Newsroom
    • Databases & Tools
    • Public Resources
  • Attorney Generals
    • What Attorneys General Do
    • Attorneys General Office 101
    • Find my AG
    • How AGs Are Selected
    • Issues Attorney Generals Work On
    • Consumer Complaint Guidance
    • Attorney General Elections
    • Past Attorneys General
    • Careers in Attorney General Offices
  • NAMFCU
    • History of NAMFCU
    • About NAMFCU
    • NAMFCU
    • About the Medicaid Fraud Control Units
    • NAMFCU Trainings
    • MFCU Member Hub
    • Reporting Fraud and Abuse
    • Careers with a MFCU
  • About
    • About Us
    • NAAG History
    • Leadership
    • Staff
    • Regions
    • Careers at NAAG
    • FAQs
    • SAGE
    • Contact Us
  • Log In
PUBLIC RESOURCES           NEWSROOM           CONTACT US
Log In
National Association of Attorneys General
  • For Members
    • How Do I…?
    • Member Benefits
    • Scholarships & Nominations
    • Specialized Services
    • Committees
    • Office Support
    • Member Directory
    • Account & Access
  • Events & Training
    • Event Calendar
    • Upcoming Programs
    • Training Opportunities
    • On-Demand Resources
    • CLE Credit
    • Mobile Training Requests
    • Our Faculty
  • Resources
    • Policy Letters
    • Reports & Publications
    • Research & Data
    • Attorney General Journal
    • Newsroom
    • Databases & Tools
    • Public Resources
  • Attorney Generals
    • What Attorneys General Do
    • Attorneys General Office 101
    • Find my AG
    • How AGs Are Selected
    • Issues Attorney Generals Work On
    • Consumer Complaint Guidance
    • Attorney General Elections
    • Past Attorneys General
    • Careers in Attorney General Offices
  • NAMFCU
    • History of NAMFCU
    • About NAMFCU
    • NAMFCU
    • About the Medicaid Fraud Control Units
    • NAMFCU Trainings
    • MFCU Member Hub
    • Reporting Fraud and Abuse
    • Careers with a MFCU
  • About
    • About Us
    • NAAG History
    • Leadership
    • Staff
    • Regions
    • Careers at NAAG
    • FAQs
    • SAGE
    • Contact Us
  • Log In

Supreme Court Report: Southwest Airlines Co. v. Saxon, 21-309

Home / Supreme Court / Supreme Court Report: Southwest Airlines Co. v. Saxon, 21-309
December 21, 2021 Supreme Court
Share this

December 21, 2021
Volume 29, Issue 5

This Report summarizes an opinion issued on December 10, 2021 (Part I); and cases granted review on December 10 and 15, 2021 (Part II).

Cases Granted Review: Southwest Airlines Co. v. Saxon, 21-309

Southwest Airlines Co. v. Saxon, 21-309. Section 1 of the Federal Arbitration Act provides that the FAA does not apply “to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” At issue is “[w]hether workers who load or unload goods from vehicles that travel in interstate commerce, but do not physically transport such goods themselves, are interstate ‘transportation workers’ exempt from the Federal Arbitration Act.” Latrice Saxon is a Ramp Agent Supervisor for Southwest Airlines who occasionally loads and unloads passenger baggage from airplanes.  She filed a putative collective action against Southwest under the Fair Labor Standards Act, seeking allegedly unpaid overtime. Southwest moved to compel arbitration, pointing to the arbitration provision in Saxon’s employment contract. Saxon responded by claiming that she fits within the FAA §1 exemption. The district court held that airline employees who load and unload interstate cargo are not exempt from the Federal Arbitration Act. The Seventh Circuit reversed. 993 F.3d 492.

The Seventh Circuit stated that to be “engaged in foreign or interstate commerce”― in the words of the §1 exemption―is to be “actively occupied in the enterprise of moving goods across interstate lines.” And although this line may not always “be easy to draw,” the court held that “[w]herever the line may be, . . . ramp supervisors fall on the transportation-worker side of it.” By loading and unloading interstate cargo, ramp supervisors “are actually engaged in the movement of goods in interstate commerce.” “Actual transportation,” the court said, “is not limited to the precise moment either goods or the people accompanying them cross state lines.” To the contrary, “[l]oading and unloading cargo onto a vehicle so that it may be moved interstate, too, is actual transportation.” “[A]nd those who performed that work were recognized in 1925,” when the Federal Arbitration Act was passed, “to be engaged in commerce.” The court found “further support[]” for its conclusion by examining “the enumerated categories of seamen and railroad employees in §1.” The court concluded that, historically, both categories included cargo loaders. In fact, the court pointed out, just a year before the Act was passed, the Court had held that it was “too plain to require discussion that” railroad employees responsible for “the loading or unloading of an interstate shipment” are engaged in commerce.

Southwest argues in its petition that the Fifth Circuit reached the opposite conclusion in a near-identical case. And in its view, the Fifth Circuit was correct. Southwest says that, “[b]ecause the FAA is a statute seeking to promote arbitration agreements and overcome judicial hostility to arbitration, this Court has ‘afforded a narrow construction’ to the Section 1 exemption” (citing Circuit City Stores, Inc. v. Adams, 532 U.S. 105, 118 (2001)). “Accordingly,” claims Southwest, “the Court limits the narrow exemption to workers who take an ‘active’ role in the movement of goods across state lines. Id. at 115-16.” As the Fifth Circuit put it,  the §1 exemption covers only those workers “actually engaged in the movement of goods in interstate commerce―in the same way that seamen and railroad workers are.”

[Editor’s note: Some of the language in the background section of the summary above was taken from the petition for writ of certiorari and brief in opposition.]

Related Posts

Related Posts

Supreme Court Report, Volume 33, Issue 7

Supreme Court Report, Volume 33, Issue 4

Supreme Court Report, Volume 33, Issue 6

Latest News

  • Bipartisan Coalition of 45 Attorneys General Backs Pharmacy Benefit Manager (PBM) Transparency Rule April 17, 2026
  • Supreme Court Report, Volume 33, Issue 10 April 8, 2026
  • Supreme Court Report, Volume 33, Issue 9 April 1, 2026
  • Bipartisan Coalition of Attorneys General Urges Congress to Pass Legislation Against Illicit Xylazine March 31, 2026
  • Supreme Court Report, Volume 33, Issue 8 March 23, 2026

Recent Posts

  • Bipartisan Coalition of 45 Attorneys General Backs Pharmacy Benefit Manager (PBM) Transparency Rule
  • Supreme Court Report, Volume 33, Issue 10
  • Supreme Court Report, Volume 33, Issue 9
  • Bipartisan Coalition of Attorneys General Urges Congress to Pass Legislation Against Illicit Xylazine
  • Supreme Court Report, Volume 33, Issue 8

Stay Connected

Get NAAG updates and training alerts.

Create an account and then select your preferred mailings (otherwise, we will send you everything).

Create Account
Set Marketing Preferences
Log In to Your Account
White Logo for the National Association of Attorneys General

1850 M Street NW, Suite 1200
Washington, DC  20036
Telephone: (202) 326-6000
support@naag.org

Our Work

  • Bankruptcy
  • Consumer Protection
  • Tobacco and Public Health
  • Center for Supreme Court Advocacy

Resources

  • Attorney General Journal
  • CLE Policy and Guidelines
  • Event Calendar
  • NAAG Policy Letters
  • Reports & Publications

ABOUT

  • Leadership
  • Staff
  • NAAG History
  • Mission Foundation
  • Careers at NAAG
  • Contact Us

© 2026 Copyright National Association of Attorneys General

Website by Yoko Co

Internal Feedback / Report an Error

Request an Update / Report an Error

The change you are requesting will be linked to this page. The URL for the page will be included in a hidden field when the form is submitted.
Please enter your change or describe your request. Be sure to reference where the error appears on the page and what needs to be done specifically.
Upload any files that need to be linked to this page. PDF only. Submit another request if you have more than five files to upload.
Drop files here or
Accepted file types: pdf, docx, xls, Max. file size: 128 MB, Max. files: 5.

    Who is requesting this change?(Required)
    Scroll To Top

    Insert/edit link

    Enter the destination URL

    Or link to existing content

      No search term specified. Showing recent items. Search or use up and down arrow keys to select an item.
        This site is registered on Toolset.com as a development site.
        To provide you more clarity about how we collect, store and use personal information, and your rights to control that information, we have updated our privacy policy, which also explains how we use cookies. You consent to our cookies if you continue to use our website.