Jockeying for the Labor-Dispute Exemption: How the First Circuit Wrongly Exempted Independent Contractors from Antitrust Law, But Why Congress Should Expand the Exemption

Note By: Dylan Keefe

In this Note, Dylan Keefe analyzes a circuit split regarding the labor-dispute exemption within the Norris-LaGuardia Act. Keefe explains what constitutes an independent contractor and points out that the First Circuit held that the labor-dispute exemption applies to jockeys as independent contractors by relying on the express text of the Act. Keefe argues that the First Circuit misinterpreted the Act’s text because of the plain meaning of “labor dispute” and legislative history. Keefe argues that despite this misinterpretation, Congress should expand the labor-dispute exemption to protect independent contractors in the equine industry and beyond.