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Uber Appeals

Jenner & Block

California Supreme Court Breaks from Federal Precedent on PAGA

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The California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in Adolph v. Uber Technologies, Inc. in July, departing from the United States Supreme Court’s 2022 ruling in Viking River...more

Pillsbury Winthrop Shaw Pittman LLP

Adolph v. Uber Technologies, Inc.: Plaintiffs Compelled to Arbitrate Their Individual PAGA Claims May Still Litigate...

To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation. ...more

Proskauer - California Employment Law

California Employment Law Notes - May 2023

Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” - Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023) - Frances Atkins was a long-term employee of St. Cecilia...more

BakerHostetler

You Can Contract If You Want To: California Appellate Court Leaves Prop 22 Largely Intact

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On March 13, a California Court of Appeal reversed most of a lower court ruling invalidating Proposition 22, the state’s 2020 voter-approved gig economy law allowing giant app-based ride-hailing and delivery companies, like...more

Blake, Cassels & Graydon LLP

Alberta Court of Appeal Confirms Gatekeeping Role of Class Action Certification Justices

On February 7, 2023, the Alberta Court of Appeal released its decision in Setoguchi v. Uber B.V., 2023 ABCA 45. In its decision, the Court confirmed the importance of the gatekeeping role of justices at class action...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2022

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2022 saw highly impactful whistleblower and retaliation events primarily resulting from an active U.S. Securities and Exchange Commission, an aggressive approach taken by the Occupational Safety and Health Administration, and...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Unpublished California Opinion Did Not Authorize Arbitration Over Threshold Issue of Independent Contractor or Employee in a PAGA...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

White and Williams LLP

Is the Gig Up? Worker Misclassification in the Technology Age

White and Williams LLP on

The legal issues underlying “worker misclassification” claims are hardly new. Worker wage claims asserting misclassification of a worker’s status under state and federal law have been around for decades. Similarly, state...more

Ballard Spahr LLP

NJ DOL Bills Uber $650M for Misclassified Drivers

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The New Jersey Department of Labor (NJ DOL) billed Uber Technologies, Inc. and a subsidiary $650 million for past-due taxes, interest, and penalties due to an alleged misclassification of its drivers as independent...more

Genova Burns LLC

Third Circuit Decision Threatens Rideshare Company’s Right to Arbitrate

Genova Burns LLC on

The Third Circuit recently opened the door to exempting Uber drivers from the Federal Arbitration Act (“FAA”). In a precedential decision, the Court of Appeals vacated a District Court’s decision compelling arbitration of an...more

Robins Kaplan LLP

Financial Daily Dose 9.10.2019 | Top Story: Activist Investor Singer Discloses Stake in AT&T and Pushes for Change

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Paul Singer’s Elliott Management hedge fund revealed a $3.2 billion stake in AT&T and, along with it, a healthy-skepticism of the company’s 2018 purchase of Time Warner and general calls to divest as part of a 24-page letter...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

Fisher Phillips

March 2019: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Downey Brand LLP

California Air and Climate Vol. 7: Greenhouse Gas Emissions Targets for Ride-Hailing Companies; USEPA’s Alleged Failure to...

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California Targets Greenhouse Gas Emissions from Ride-Hailing Companies - At a February 22, 2019 workshop, the California Air Resources Board (“CARB”) unveiled its planned “Clean Miles Standard” that will require...more

Fisher Phillips

The See-Saw World of Uber’s Arbitration Agreement Again Tips In Uber’s Favor

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Ever since Uber became part of our everyday world, the mandatory arbitration agreement it requires its independent contractor drivers to sign has been under constant scrutiny—and attack. A recent decision, however, fell in...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Employment Law Reform, Uber’s Appeal and Proportionate Pay

The U.K. government has published its Good Work Plan. The report’s proposals seek to implement most of the recommendations in the Taylor Review of Modern Working Practices, which we reported in 2017 and 2018. The government...more

Bennett Jones LLP

Uber Drivers Get Their Day in Court

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The intersection of mandatory arbitration clauses and class proceedings continues to be a vexing problem for the courts. In Heller v. Uber Technologies Inc., the first decision of 2019, the Ontario Court of Appeal decided...more

Fisher Phillips

Sacré Bleu! French Court of Appeals Rules that Uber Driver Had an“Employment Contract”

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Last week, the French Court of Appeals dealt another blow to global gig businesses, ruling that the agreement between Uber and a former driver was “an employment contract,” because the former driver was “dependent” on Uber...more

BCLP

Recharacterization of the Relationship Between a Delivery Driver and a Digital Platform as an Employment Agreement

BCLP on

In a judgment dated 28 November 2018, the French Supreme Court (Cour de Cassation) ruled for the first time on the characterization of the agreement between a delivery driver and a digital platform. The French Supreme Court...more

BCLP

Recharacterization of the relationship between a delivery driver and a digital platform as an employment agreement : a real risk...

BCLP on

In a judgment dated 28 November 2018, the French Supreme Court (Cour de Cassation) ruled for the first time on the characterization of the agreement between a deliverer and a digital platform. The French Supreme Court granted...more

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Uber Driver Jumps Into Grubhub Battle: 3 Things You Need To Know

Fisher Phillips on

The Grubhub misclassification battle, which has dominated gig economy headlines for the past year or so, has taken another interesting turn. An Uber driver has jumped into the fray, offering his opinion about why the 9th...more

Fisher Phillips

October 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Obermayer Rebmann Maxwell & Hippel LLP

Ninth Circuit Upholds Class Arbitration Waivers in Reliance on Epic Systems

On September 25, 2018, the Ninth Circuit Court of Appeals ended an aggressive five-year legal battle between Uber and its drivers regarding whether or not drivers should be considered employees versus independent contractors....more

Payne & Fears

Ninth Circuit Reverses Grant of Class Certification and Denial of Motions to Compel Arbitration in Several Uber Class Actions

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In a major victory for ride-share company Uber Technologies, Inc. ("Uber"), the United States Court of Appeals for the Ninth Circuit issued its much anticipated opinion in O'Connor v. Uber Technologies, Inc., Case No....more

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