The legal battles continue over arbitration and over how to define “employee” versus “independent contractor” — this time at the federal level and with respect to commercial truck drivers. In early October 2018, the Supreme Court of the United States (“SCOTUS”) heard oral arguments in New Prime, Inc. v. Oliveira, No. 17-340 (2018). Based on the questions and attitudes exhibited by the various Justices, the court may strike down arbitration clauses for commercial truck drivers who are independent contractors.