The California Court of Appeals recently expanded the scope of the transportation worker exemption under the FAA. In Garrido v. Air Liquide Industrial U.S LP, No. B254490 (Cal. Ct. App. October 26, 2015), the plaintiff, Mario Garrido, a driver who transported product for his employer, defendant Air Liquide, in the regular course of his duties, filed suit against the defendant alleging that the defendant did not recognize or provide for regular meal breaks.  In response to the plaintiff’s complaint, the defendant sought to enforce a class action waiver embedded in an ADR agreement that called for arbitration of the plaintiff’s stated claims. The trial court denied the defendant’s motion to compel arbitration and, in upholding the trials court’s finding, the Appeals court determined that the class waiver was unenforceable, in part because the appellate court found that the plaintiff was in fact a “transportation worker.”