A U.S. appeals court on Wednesday gave Uber Technologies Inc drivers in New Jersey who claim they were misclassified as independent contractors another chance to prove that arbitration agreements they signed do not apply to their case because they were involved in interstate commerce.

A unanimous three-judge panel of the 3rd U.S. Circuit Court of Appeals said an exemption in the Federal Arbitration Act (FAA) for workers engaged in interstate commerce applied to those who transport passengers, and not only physical goods, rejecting claims by Uber’s lawyers at Gibson Dunn & Crutcher and Littler Mendelson.

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