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Arbitration Agreements Arbitration Independent Contractors

Carlton Fields

Federal Court Rejects Argument That Subsequent Opt-Out of Arbitration Clause Precluded Arbitration

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The U.S. District Court for the Northern District of Illinois has rejected an argument that opting out of arbitration clauses precluded arbitration under prior arbitration agreements in a dispute between Uber drivers and...more

Miles Mediation & Arbitration

Arbitrability of Sexual Harassment and Sexual Discrimination Cases: Litigating in an Alternative Universe

It is generally understood, or at least it has been in the past, that plaintiffs prefer to avoid the application of the Federal Arbitration Act (the “FAA”) and instead present their cases to juries. As such, plaintiffs have...more

Locke Lord LLP

Supreme Court FAA Decision Creates Even More Questions About Independent ‎Contractors and Arbitration: April 2024 IC Legal News...

Locke Lord LLP on

Is an independent food distributor exempt from an arbitration agreement under the interstate transportation worker exemption in the Federal Arbitration Act (FAA)? That was the question that the U.S. Supreme Court addressed in...more

Morgan Lewis

US Supreme Court Clarifies Application of Federal Arbitration Act’s ‘Transportation Worker’ Exemption

Morgan Lewis on

In Bissonnette v. LePage Bakeries, a unanimous Supreme Court clarified the scope of the Federal Arbitration Act’s (FAA’s) “transportation worker” exemption by rejecting the industry-based test applied in the Second Circuit....more

Stikeman Elliott LLP

Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

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The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more

CDF Labor Law LLP

SCOTUS Set To Weigh In On Whether Courts May Dismiss Actions That Are Referred To Arbitration

CDF Labor Law LLP on

CDF Wage and Hour Task Force – Monthly Blog - Enforceable arbitration agreements continue to provide California employers who are faced with wage and hour claims with significant benefits....more

Stark & Stark

United States DOL Narrows Independent Contractor Classification

Stark & Stark on

Effective March 11, 2024, the new independent contractor rule from the United States Department of Labor (DOL) takes effect. This rule change restores an earlier standard that required employers to weigh several factors in...more

Kilpatrick

California Supreme Court holds plaintiffs required to arbitrate individual Private Attorneys General Act (“PAGA”) claims maintain...

Kilpatrick on

The California Supreme Court recently rejected the U.S. Supreme Court’s interpretation of standing under the Private Attorneys General Act (PAGA). In Adolph v. Uber Technologies, Inc., 532 P.3d 682 (Cal. 2023), the Court...more

Shook, Hardy & Bacon L.L.P.

California Rejects Viking River, Allows PAGA Claims to Proceed

Recently, in Adolph v. Uber Tech., Inc., the California Supreme Court held that plaintiffs who proceed to arbitration on individual labor code claims do not lose standing to bring representative claims in court under the...more

Bradley Arant Boult Cummings LLP

Not Interstate? You Must Arbitrate – Third Circuit Rules Uber Drivers Don’t Meet FAA Exception

Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements...more

BakerHostetler

A Recent DoorDash Opinion Addresses Several Pivotal Arbitration Issues

BakerHostetler on

Two DoorDash delivery drivers filed a class action against the company and two of its employees alleging violations of federal and state wage and hour laws. After removal of the case to the Southern District of New York, the...more

BakerHostetler

Second Circuit Again Considers if Bakery Goods Drivers Are Excluded Under the FAA Because They Are “Transportation Workers”. The...

BakerHostetler on

While the Supreme Court’s opinion in Southwest Airlines Co. v. Saxon, 142 S. Ct. 1783 (2022), brought needed clarity to the analysis of the class of workers excluded as “transportation workers” by the residual clause of the...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Stoel Rives - World of Employment

Oregon Supreme Court Enforces Employment Arbitration Agreement

Oregon employers that require arbitration for employment-related disputes recently received some good news from the Oregon Supreme Court.  In Gist v. ZoAn Management, Inc., the Court rejected the plaintiff’s argument that his...more

Littler

Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

Littler on

On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Rules Certain Airline Employees Exempt From Federal Arbitration Act

On June 6, 2022, a unanimous United States Supreme Court issued another key decision interpreting the Federal Arbitration Act (“FAA”) that will have a significant impact on certain employers going forward...more

Sherman & Howard L.L.C.

Wanna Get to Court? Now You Can: Supreme Court Refuses to Compel Arbitration for Airline Baggage Loaders

In a unanimous decision issued Monday, the Supreme Court refused to reroute an airline cargo loader’s underpayment claims to private arbitration. The case, Southwest Airlines v. Saxon, No. 21-309 (June 6, 2022), is a rare...more

CDF Labor Law LLP

Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...

CDF Labor Law LLP on

A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action.  Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more

Locke Lord LLP

Arbitration Clauses May Not Work in All States if Not Well Drafted: March 2022 IC Legal News Update

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A decision by a federal court in New Jersey last month is a reminder to companies that arbitration clauses need to be drafted well in order to succeed. New Jersey courts for many years have been perhaps the most finicky in...more

Proskauer - California Employment Law

California Employment Law Notes - November 2021

Ninth Circuit Resurrects California’s Anti-Arbitration Statute - Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021) - The Ninth Circuit Court of Appeals reversed in part a 2020 preliminary...more

Epstein Becker & Green

Federal Court in Florida Rules that Federal Arbitration Act Exclusion Does Not Apply to Uber Drivers

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On June 1, 2021 the Southern District of Florida granted the motion by Uber Technologies, Inc. (“Uber”) to compel arbitration, finding that the company’s drivers did not engage in sufficient interstate commerce to meet the...more

Seyfarth Shaw LLP

Ninth Circuit Rules Uber Drivers Must Arbitrate Classification Claims Because They Are Not Interstate Transportation Workers

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Seyfarth Synopsis: The Federal Arbitration Act (“FAA”) exempts workers engaged in interstate commerce from enforcement of mandatory arbitration agreements. Uber drivers (and other drivers working in the gig economy) have...more

Locke Lord LLP

Last Mile Independent Contractor Drivers Not Exempt From Arbitration: June 2021 News Update

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June was a relatively slow month in the area of independent contractor misclassification and compliance. But it produced what may turn out to be one of the more important judicial decisions in years affecting last-mile...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Appeals Court Affirms Employer’s Ability to Compel Arbitration in Massachusetts

Mandatory arbitration clauses for employment disputes have received a great deal of attention in recent years. In the First Circuit, there is now more clarity regarding the factors used to determine the enforceability of...more

Locke Lord LLP

Arbitration Pacts Alive and Well, Even for Interstate Transportation Workers: March 2021 ‎News Update

Locke Lord LLP on

Immediately following the issuance of the U.S. Supreme Court’s decision in New Prime v. Oliveira on January 15, 2019, we stated in a blog post that “even if an individual or group of workers is excluded [from arbitration]...more

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