Merchandiser Arbitration Exemption Needs New Look After Appeal

Premium Retail Services Inc. will get a new look at whether its retail display merchandisers are transportation workers exempt from arbitration after the First Circuit determined more factfinding is needed Friday.

The lower court “effectively denied” the company’s bid to compel arbitration of wage-and-hour claims while purportedly reserving a ruling on that motion, but it should have issued a final decision on arbitrability “before allowing any litigation on the merits,” the US Court of Appeals for the First Circuit said.

• Premium Retail allegedly mails promotional and marketing materials to workers, who then take them to stores to create displays, ...